Handling the Dental Malpractice Case in New Jersey PDF Download
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Author: E. Charles Eckstein
Publisher:
ISBN:
Category : Dentists
Languages : en
Pages : 198
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Book Description
Author: E. Charles Eckstein
Publisher:
ISBN:
Category : Dentists
Languages : en
Pages : 198
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Book Description
Author: Norman L. Schafler
Publisher: McGraw-Hill Companies
ISBN:
Category : Law
Languages : en
Pages : 870
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Book Description
Author: Norman L. Schafler
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 336
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Book Description
Written by an attorney-dentist, this three-volume reference is a complete guide to understanding and preparing a dental malpractice case. The author, through the use of photographs, diagrams and other reports, explains various procedures and treatments performed by dentists. The text analyzes the standards of care and case evaluation with a step-by-step guide to case preparation from drafting pleadings and discovery to selecting expert witnesses to settlement and trial. Sample complaints, interrogatories, and questionnaires are included.
Author: Richard E. Shandell
Publisher: Law Journal Press
ISBN: 9781588520081
Category : Law
Languages : en
Pages : 696
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Book Description
The Preparation and Trial of Medical Malpractice Cases treats a case as a continuous process, from interviewing the client to closing argument. It offers comprehensive coverage of the questions surrounding health maintenance organizations, including case law on the right to sue an HMO as well as its participating physicians. You'll find discussion of: how to recognize a meritorious case; the doctrine of alternative liability; the evidentiary value of FDA approval or non-approval; the continuing treatment doctri≠ state statutes regarding motion practice; malpractice liability of alternative medical practitioners; the admissibility of evidence comparing physicians' risk statistics to those of other physicians; use of expert testimony to establish res ipsa loquitur in negligence; the modified standard of proximate cause when a physician's negligence exacerbates a patient's existing condition; violation of the duty to disclose information; contributory negligence in informed consent; distinguishing between medical malpractice and ordinary negligence; liability of nurses; and more. Appendices demonstrate how to analyze a medical brief, depose and examine the defendant physician, and elicit testimony from your own expert witness. Also included are a sample Bill of Particulars, a sample jury charge and a list of Web sites to assist your medical research.
Author: Jonathan H. Lomurro
Publisher: New Jersey Law Journal
ISBN: 9781628816167
Category :
Languages : en
Pages : 1300
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Book Description
New Jersey Medical Malpractice Law provides a comprehensive, reader-friendly guide for all medical malpractice practitioners. Discretely focused subheadings allow users to precisely pinpoint relevant discussions, and footnotes highlight helpful resources and explanations. The chapters address issues as they commonly arise through the litigation process--from considering the elements of a malpractice cause of action, through investigating and preparing a case, to managing trial issues. Chapters are organized to address the issues as they commonly arise for the practicing attorney through the litigation process, from evaluation of potential claims and consideration of the elements of a malpractice cause of action, through pretrial investigation and case preparation, and finally, to the trial. Footnotes provide helpful explanatory information and resources, and add to the ease of finding answers quickly. Descriptive and discretely focused subheadings allow the reader to pinpoint precisely the discussion most relevant to his or her concerns. Practice pointers appear at the end of each chapter to aid in navigating complex medical malpractice cases. Chapters 1 and 2 discuss the first essential component of medical malpractice causes of action, the breach of a health care provider's duty of care or failure to obtain informed consent. Chapter 3 addresses related but distinct causes of action such as assault and battery, fraud, breach of contract, medical records alteration or destruction and sexual misconduct. Chapters 4 and 5 discuss the second and third essential components of malpractice cases, causation, and damages. Chapter 4 has been revised to keep pace with the evolving complex case law governing proof of proximate causation in cases involving pre-existing injuries, delayed cancer diagnoses and avoidable consequences. Chapter 5 discusses damages claims in general, and those particular to malpractice and wrongful death causes of action. Chapters 6 through 9 deal with issues related to pretrial proceedings and trial of malpractice cases, including pre-suit investigation of such claims. Chapter 7 has been revised to discuss the rapidly changing case law regarding the affidavit of merit, pretrial discovery, and presents an extremely thorough discussion of expert testimony, particularly as it evolves through the implementation of the New Jersey Medical Care Access and Responsibility and Patients First Act. These chapters also examine the pleadings, defenses including the statute of limitations, voir dire and jury charges specific to malpractice cases. Finally, Chapter 10 provides a thorough discussion of the federal and New Jersey statutes and regulations regarding electronic medical records. ,
Author: Jeffrey A. Krompier, Esq.
Publisher: CRC Press
ISBN: 100034763X
Category : Medical
Languages : en
Pages : 184
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Book Description
There is no end in sight to the frequency with which physicians, nursing professionals and other healthcare providers will become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation’s chronic "malpractice crisis", suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree. National legislative fact-finding committees and investigative bodies, which may be charged with the responsibility of pursuing a solution, likely will never achieve a global remedy. Although curtailed by some states, national legislation has not addressed baseless malpractice suites or grossly excessive monetary verdicts. Another approach exists, however. Health care providers can impact the existing system and influence the malpractice environments in a tangible, positive and powerful fashion. Although there will be debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant’s perspective as a "no-cause" trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.
Author: Jeffrey A. Krompier
Publisher: Quintessence Publishing (IL)
ISBN: 9780867155839
Category : Dental jurisprudence
Languages : en
Pages : 0
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Book Description
Frivolous malpractice lawsuits and excessive monetary verdicts have caused skyrocketing malpractice insurance premiums and a prevailing sense of fear among health care providers, and dental practitioners are certainly not exempt. Although there is little an individual practitioner can do in terms of universal tort reform, serving as a quality defense expert witness can help curtail baseless lawsuits on a case-by-case basis. In addition, such service offers the practitioner personal and professional rewards, such as the opportunity to stay current on standards of care, exciting educational opportunities, and financial compensation. In this straightforward and highly informative book, an attorney with nearly 30 years of experience defending health care providers against malpractice suits offers dental clinicians essential advice and inside information regarding what it takes to be a successful defense expert witness. Those interested in taking on this challenge will discover the characteristics, skills, and assets that are required -- including availability, communication and organization skills, and credibility -- and determine whether they are well-suited for the role. From there, the text details the work involved in serving as an expert witness, such as case assessments and literature reviews, expert opinions, deposition testimony, and handling examination in the courtroom. Finally, the author offers helpful tips on building a curriculum vitae and marketing oneself as a defense expert witness, thereby providing the reader with all the tools required to enter into this unique service well prepared for success.
Author: Abbott Brown
Publisher: Bookbaby
ISBN: 9781098354404
Category : Law
Languages : en
Pages : 446
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Book Description
New Jersey Legal Malpractice Law and Litigation Ethics is intended to provide a comprehensive and easy to use reference for lawyers handling malpractice cases and ethics cases and to provide guidance to litigators who are often faced with complex issues unique to the trial bar. This book is structured to discuss the issues that often complicate the practice of our profession, from the initiation of the attorney-client relationship, the duties to the Court, client, counsel and also to persons who are not clients, to the elements of the cause of action for legal malpractice, proximate causation, damages, evidence and related issues. Each chapter contains detailed subheadings to allow users to quickly find the discussion of the relevant issues. The chapters in New Jersey Legal Malpractice Law and Litigation Ethics include: Chapter 1: The Duties and Responsibilities of a Lawyer to a Client or Former Client. Chapter 2: The Duties and Responsibilities of a Lawyer to a Non-Client Chapter 3: The Elements of Legal Malpractice Chapter 4: Proximate Causation in Legal Malpractice Cases Chapter 5: Damages in Legal Malpractice Cases Chapter 6: Expert Testimony and Evidence Issues in Legal Malpractice Cases Chapter 7: Pleadings and Defenses in Legal Malpractice Cases
Author: National Library of Medicine (U.S.)
Publisher:
ISBN:
Category : Medicine
Languages : en
Pages : 646
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Book Description
Author: National Library of Medicine (U.S.)
Publisher:
ISBN:
Category : Medicine
Languages : en
Pages : 1712
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Book Description
First multi-year cumulation covers six years: 1965-70.
