Kevin Dugan

 

Email  kdugan@arbd.com

Born  Kingston, New York, October 30, 1959

College  Florida State University, B.S., 1981

Law School  Stetson University, J.D., 1985

 

Question & Answer

Q: You grew up in Florida and attended college and law school there.  What made you come to New Hampshire in 1990?

A: In 1990, I met my law partner, Mark Abramson, through an unlikely but fortuitous turn of events.  We had a lot in common personally and professionally, and my wife and I fell in love with New England and decided to put down roots here.

Q: You’ve been politically active in NH. As a trial lawyer, how have you influenced the political landscape in NH?

A: I happened to take over as legislative chairman for the NH Trial Lawyers Association several years ago at a time when the political and legislative landscape was very pro-business and anti-consumer. As a result, I became involved in many legislative battles involving civil rights and the civil justice system. We were fortunate to develop relationships with a few key people in the legislature who believed in the constitution and the civil rights of our citizens.

Q: Besides politics and the law, what other interests do you have?

A: I really enjoy the work I do and the people I work with. I am pretty content with the work I have and taking care of my family.

Q: You’ve been representing victims in medical malpractice cases for 25 years now.  What have been the most significant shifts in the public’s perception of these cases in that span of time?

A: The biggest thing I have noticed is that more people now recognize that we do not have a medical malpractice litigation crisis. What we have is a medical malpractice crisis. That is, there are far too many avoidable medical errors occurring. The solution is to reduce the rate of medical errors, not limit the rights of people hurt by those mistakes.

Q: How do you measure success?

A: My kids seem to like me for the most part. I think that’s a good start.

Membership

The Florida Bar; New Hampshire Bar Association; The Florida Justice Association formerly known as the Academy of Florida Trial Lawyers; The American Association for Justice formerly known as The Association of Trial Lawyers of America (Sustaining Member, Professional Negligence Section, Birth Trauma Litigation Group); New Hampshire Association for Justice formerly known as the New Hampshire Trial Lawyers Association (Member, Board of Governors, 1995-present; Secretary, 1996-1997; Treasurer, 1997-1998; President-Elect, 1998-1999; President, 1999-2000; Chairman, CLE Committee, 1996-1999; Chairman, Legislative Committee, 2000-; Recipient, Board of Governors, Award, 1997 and 2003); Trial Lawyers for Public Justice; NHAJ Political Action Committee; 2010 Best Lawyers.

Practice Areas

Medical Malpractice; Plaintiff's Personal Injury

Admissions

1985, Florida; 1986, U.S. District Court, Middle District of Florida; 1987, U.S. Court of Appeals, Eleventh Circuit; 1990, U.S. Supreme Court; 1991, New Hampshire and U.S. District Court, District of New Hampshire

Publications

• Negligent Discharge of an Involuntarily Admitted Patient: Third Party's Cause of Action for Harm Caused by Prematurely Released Patient
• Medical Malpractice Claims Against Public Health Service And Federally Funded Community Health Center Physicians: Practical Problems And Potential Pitfalls To Be Aware Of
• Broken Promises: Data Shows New Hampshire's Medical Malpractice Screening Panels Are Not Leading to Early Resolution and Cost Savings
• Screening Panels for Medical Injury Claims Under RSA 519-B: Implementation, Effect and Issues on the Horizon
• Dispelling the Myths of the Medical Malpractice Crisis and Vindicating the Victims of Medical Malpractice through Attorney Conducted Voir Dire
• New Hampshire’s Medical Malpractice Screening Panel Statute: Constitutional Considerations
• Pure Referral Fees: Insuring Client Confidence in Complex Personal Injury and Medical Malpractice Cases: Why Proposed Professional Conduct Rule 1.5(F) Alternative 2 Should be Adopted
• Vicarious Liability in Action–Holding a Hospital Liable for the Malpractice of its Independent Anesthesiology Group
• Medicaid Liens And Medicare Liens In New Hampshire Personal Injury And Medical Malpractice Litigation
• Protecting Privilege and Precluding Bad Doctors From the “Bad Genes” Defense: The Non-Discoverable Nature of Medical Records of Related Third-Parties in Medical Malpractice Cases
• Holding Hospitals Vicariously Liable for the Malpractice of Independent Contractor Physicians
• Res Ipsa Loquitur and Medical Malpractice
• Discovery in New Hampshire's Federal District Court: Play By The Rules Or Else
• The New Amendment to New Hampshire's Quality Assurance Privileges: Ensuring Substantially Broader Access to Factual Information in Medical Negligence Cases
• Payback: Health Insurance Liens in Medical Malpractice and Personal Injury Cases After Great-West Life & Annuity v. Knudson
• Fear of Future Harm In Medical Malpractice Cases
• HMO Liability: Building Corporate Profits at the Expense of Patient Care
• HMO Liability Part II: ERISA Preemption and the Saga of Corporate Greed Continues
• HMO Liability Part III: Return of the Plaintiffs
• HMO Liability Part IV: Protecting the Patient and Preserving States' Rights
• The Law of Nursing Malpractice
• Negligent Infliction of Emotional Distress in Medical Negligence Cases
• Recent Developments in Hospital Liability
• Birth Injury and Cerebral Palsy Malpractice Claims
• Overcoming the Quality Assurance Privilege in New Hampshire Medical Malpractice Claims
• Handling the Failure To Diagnose Breast Cancer Malpractice Case