Author: Nancy Acerbo-Kozuchowski
Publisher: Jones & Bartlett Learning
ISBN: 9780834208605
Category : Business & Economics
Languages : en
Pages : 298
Book Description
The book is designed as a primer for claims investigators, health care managers, QA/QI personnel, in-house counsel, paralegals, personal injury attorneys, and others whose duties include the investigation of actual and potential medical malpractice lawsuits. It can be used as a desktop reference, self-study guide, or as part of a formal orientation program for risk managers and quality assurance personnel. The book contains a step-by-step description of the claims investigation. It also provides instruction on reviewing medical records; identifying adverse patient occurrences; selecting, locating and interviewing personnel involved in occurrences; analyzing investigative findings; and writing the investigation report.
Medical Malpractice Claims Investigation
Author: Nancy Acerbo-Kozuchowski
Publisher: Jones & Bartlett Learning
ISBN: 9780834208605
Category : Business & Economics
Languages : en
Pages : 298
Book Description
The book is designed as a primer for claims investigators, health care managers, QA/QI personnel, in-house counsel, paralegals, personal injury attorneys, and others whose duties include the investigation of actual and potential medical malpractice lawsuits. It can be used as a desktop reference, self-study guide, or as part of a formal orientation program for risk managers and quality assurance personnel. The book contains a step-by-step description of the claims investigation. It also provides instruction on reviewing medical records; identifying adverse patient occurrences; selecting, locating and interviewing personnel involved in occurrences; analyzing investigative findings; and writing the investigation report.
Publisher: Jones & Bartlett Learning
ISBN: 9780834208605
Category : Business & Economics
Languages : en
Pages : 298
Book Description
The book is designed as a primer for claims investigators, health care managers, QA/QI personnel, in-house counsel, paralegals, personal injury attorneys, and others whose duties include the investigation of actual and potential medical malpractice lawsuits. It can be used as a desktop reference, self-study guide, or as part of a formal orientation program for risk managers and quality assurance personnel. The book contains a step-by-step description of the claims investigation. It also provides instruction on reviewing medical records; identifying adverse patient occurrences; selecting, locating and interviewing personnel involved in occurrences; analyzing investigative findings; and writing the investigation report.
New Jersey Medical Malpractice Law 2020
Author: Jonathan H. Lomurro
Publisher: New Jersey Law Journal
ISBN: 9781628816167
Category :
Languages : en
Pages : 1300
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. ,
Publisher: New Jersey Law Journal
ISBN: 9781628816167
Category :
Languages : en
Pages : 1300
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. ,
Medicolegal Death Investigation System
Author: Institute of Medicine
Publisher: National Academies Press
ISBN: 0309167043
Category : Law
Languages : en
Pages : 85
Book Description
The US Department of Justice's National Institute of Justice (NIJ) asked the Institute of Medicine (IOM) of The National Academies to conduct a workshop that would examine the interface of the medicolegal death investigation system and the criminal justice system. NIJ was particularly interested in a workshop in which speakers would highlight not only the status and needs of the medicolegal death investigation system as currently administered by medical examiners and coroners but also its potential to meet emerging issues facing contemporary society in America. Additionally, the workshop was to highlight priority areas for a potential IOM study on this topic. To achieve those goals, IOM constituted the Committee for the Workshop on the Medicolegal Death Investigation System, which developed a workshop that focused on the role of the medical examiner and coroner death investigation system and its promise for improving both the criminal justice system and the public health and health care systems, and their ability to respond to terrorist threats and events. Six panels were formed to highlight different aspects of the medicolegal death investigation system, including ways to improve it and expand it beyond its traditional response and meet growing demands and challenges. This report summarizes the Workshop presentations and discussions that followed them.
Publisher: National Academies Press
ISBN: 0309167043
Category : Law
Languages : en
Pages : 85
Book Description
The US Department of Justice's National Institute of Justice (NIJ) asked the Institute of Medicine (IOM) of The National Academies to conduct a workshop that would examine the interface of the medicolegal death investigation system and the criminal justice system. NIJ was particularly interested in a workshop in which speakers would highlight not only the status and needs of the medicolegal death investigation system as currently administered by medical examiners and coroners but also its potential to meet emerging issues facing contemporary society in America. Additionally, the workshop was to highlight priority areas for a potential IOM study on this topic. To achieve those goals, IOM constituted the Committee for the Workshop on the Medicolegal Death Investigation System, which developed a workshop that focused on the role of the medical examiner and coroner death investigation system and its promise for improving both the criminal justice system and the public health and health care systems, and their ability to respond to terrorist threats and events. Six panels were formed to highlight different aspects of the medicolegal death investigation system, including ways to improve it and expand it beyond its traditional response and meet growing demands and challenges. This report summarizes the Workshop presentations and discussions that followed them.
A Measure of Malpractice
Author: Paul C. Weiler
Publisher: Harvard University Press
ISBN: 9780674558809
Category : Law
Languages : en
Pages : 202
Book Description
A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.
Publisher: Harvard University Press
ISBN: 9780674558809
Category : Law
Languages : en
Pages : 202
Book Description
A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.
The Medical Malpractice Handbook
Author: Bruce Livingston
Publisher: Austin & Winfield Publishers
ISBN:
Category : Law
Languages : en
Pages : 146
Book Description
Designed to assist practicing attorneys in all phases of a medical malpractice case, this practical handbook contains crucial information and strategies for handling the investigation of the suit, the use of expert witnesses, settlement discussions and trial strategies. Unlike most other works in the area, The Medical Malpractice Handbook also provides much needed concrete data on the determination of economic and noneconomic losses. Richard J. Arnould, Professor of Economics and Policy, University of Illinois at Champaign-Urbana, contributes a chapter on how to calculate economic losses. Bruce Livingston and Stephen Morewitz's expertise in medical-legal consulting gives their study a unique multi-disciplinary approach to the problem. Illustrated with case law and citations from different states, this new handbook constitutes a complete guide to medical malpractice.
Publisher: Austin & Winfield Publishers
ISBN:
Category : Law
Languages : en
Pages : 146
Book Description
Designed to assist practicing attorneys in all phases of a medical malpractice case, this practical handbook contains crucial information and strategies for handling the investigation of the suit, the use of expert witnesses, settlement discussions and trial strategies. Unlike most other works in the area, The Medical Malpractice Handbook also provides much needed concrete data on the determination of economic and noneconomic losses. Richard J. Arnould, Professor of Economics and Policy, University of Illinois at Champaign-Urbana, contributes a chapter on how to calculate economic losses. Bruce Livingston and Stephen Morewitz's expertise in medical-legal consulting gives their study a unique multi-disciplinary approach to the problem. Illustrated with case law and citations from different states, this new handbook constitutes a complete guide to medical malpractice.
Winning Medical Malpractice Cases
Author: Patrick Malone
Publisher:
ISBN: 9781941007693
Category :
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9781941007693
Category :
Languages : en
Pages :
Book Description
Arzthaftungsrecht
Author: Dieter Giesen
Publisher:
ISBN:
Category : Arzthaftpflicht
Languages : de
Pages : 576
Book Description
Publisher:
ISBN:
Category : Arzthaftpflicht
Languages : de
Pages : 576
Book Description
Medical Malpractice Claims Investigation: A Step-by-Step Approach
Author: Nancy Acerbo-Kozuchowski
Publisher: Jones & Bartlett Learning
ISBN: 9780763740429
Category : Business & Economics
Languages : en
Pages : 0
Book Description
This manual describes all the steps necessary to undertake and complete a thorough medical malpractice investigation. It is a comprehensive, step-by-step guide to the elements involved in the investigation of an actual or potential medical malpractice claim, and covers the process of reviewing medical records, other document collection, fact analysis, interviewing involved individuals, and identifying possible departures from accepted medical practice. The new second edition of Medical Malpractice Claims Investigation: A Step-by-Step Approach features a complete revision of chapter five (Developing Interview Questions), additional material on new JCAHO requirements, electronic medical records, office-based surgery issues, and long-term care claims investigation.
Publisher: Jones & Bartlett Learning
ISBN: 9780763740429
Category : Business & Economics
Languages : en
Pages : 0
Book Description
This manual describes all the steps necessary to undertake and complete a thorough medical malpractice investigation. It is a comprehensive, step-by-step guide to the elements involved in the investigation of an actual or potential medical malpractice claim, and covers the process of reviewing medical records, other document collection, fact analysis, interviewing involved individuals, and identifying possible departures from accepted medical practice. The new second edition of Medical Malpractice Claims Investigation: A Step-by-Step Approach features a complete revision of chapter five (Developing Interview Questions), additional material on new JCAHO requirements, electronic medical records, office-based surgery issues, and long-term care claims investigation.
Defensive Medicine and Medical Malpractice
Author:
Publisher:
ISBN:
Category : Defensive medicine
Languages : en
Pages : 192
Book Description
Publisher:
ISBN:
Category : Defensive medicine
Languages : en
Pages : 192
Book Description
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.