Wrongful Life? A Conversation w/ Michael McKeon & Mark Kovacich

Good Law | Bad Law

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by attorneys Michael McKeon, of McKeon Law, and Mark Kovacich, of Odegaard Kovacich & Snipes, to discuss the topics of wrongful prolongation of life, DNRs, self-determination, and a case in which Mr. McKeon and Mr. Kovacich represented a man whose end-of-life instructions – known as an advanced directive – were ignored. What is the impact of this case? What are the legal and ethical questions? And why is end-of-life planning critical?

Today, Aaron, Mark, and Michael discuss end-of-life decisions, as well as what can happen when an individual’s rights are ignored. Michael and Mark talk about their success in a Montana court after their client, Rodney Knoepfle’s wishes were disregarded and he was resuscitated after he coded while in the hospital. Michael, Mark, and Aaron talk about Mr. Knoepfle’s traumatic experiences, why this case matters, and the importance of communication regarding end-of-life decisions, such as DNR orders. Today’s conversation delves into the notions of advanced directives, DNR (Do Not Resuscitate) orders, patient’s rights, medical mistakes and negligence, moral and ethical concerns, and the P.O.L.S.T (physician orders and life sustaining treatments) database system.

A graduate of Villanova and the University of Montana School of Law, Michael has focused his practice on representing those who have been injured due to the negligence of others. Throughout his career, Mr. McKeon has pursued claims involving workplace accidents, personal injuries, insurance claims, products liability and medical malpractice. Michael has been selected by the National Trial Lawyers Association as a Top 40 Under 40 Trial Lawyer and as a Top 100 Trial Lawyer by the National Trial Lawyers Association. He is admitted to the Montana and U.S. District Courts of Montana and is a member of the State Bar of Montana.

Mark, a principal at Odegaard Kovacich & Snipes, joined the firm in 2000 and has focused his practice on representing plaintiffs in cases involving asbestos and environmental claims, environmental litigation, serious personal injury, products liability, workers’ compensation and safe workplace litigation. Mark was named Trial Lawyer of the Year by the Montana Trial Lawyers Association in 2005 and 2019 and received the association’s Appellate Advocacy Award in both 2008 and 2016. Mr. Kovacich has successfully represented hundreds of plaintiffs in high profile cases and has been consistently recognized as a Rising Star by Mountain States Super Lawyers.

Listen in now!

To learn more about Mr. McKeon and the McKeon Law firm, please click here.

To learn more about Mr. Kovacich and his firm, Odegaard Kovacich & Snipes, please click here.

To read the Physician’s Weekly piece, “Jury Awards $400,000 in ‘Wrongful Prolongation of Life’ Lawsuit,” please click here.

To read the Boston Globe article, “Hospital staff revived a man’s stopped heart — and he sued,” please click here.

Host: Aaron Freiwald

Guests: Michael McKeon and Mark Kovacich

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