Preparing and Winning Medical Negligence Cases PDF Download
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Author: Cyril H. Wecht
Publisher: Juris Publishing, Inc.
ISBN: 1578232384
Category : Law
Languages : en
Pages : 119
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Book Description
Preparing and Winning Medical Negligence Cases - Third Edition has been prepared by prominent, experienced medical specialists, all of whom have had much professional involvement and interest in legal medicine for many years, many of whom have JD as well as MD degrees. Therefore, while the chapters present a wealth of solid information for a variety of medical specialists, they are primarily designed to address important issues that are undoubtedly of great value to both plaintiff and defense trial attorneys, as well as health care professionals, and hospital administrative personnel regarding medical malpractice cases. Preparing and Winning Medical Negligence Cases provides extensive information for lawyers regarding medical malpractice suits from both a legal and medical perspectives. It makes complex topics such as anatomy, physiology and pathology of various organ systems and the clinical diagnoses rendered by medical specialists accessible to lawyers bringing or defending medical malpractice cases. The knowledge and experience contained in this work will provide invaluable information for attorneys in both the pretrial preparation and actual trial of medical negligence cases. Preparing and Winning Medical Negligence Cases brings together the combined knowledge and experience of outstanding medical-legal teachers and writers for the purpose of educating attorneys about the difficult, variegated, and controversial subject of medical malpractice. It is difficult, if not impossible, to think of a legal area that has been the subject of as much oral and written commentary in the past twenty years as medical malpractice. Unfortunately, many of these speeches, publications, and special programs have generated far more heat than light on this complex and controversial topic. As a result, confusion and misunderstanding have precipitated hostility among a great majority of physicians toward lawyers, particularly plaintiffs' trial attorneys. Addressing this issue, this volume was prepared by prominent, experienced medical specialists, all of whom have had much involvement and interest in legal medicine for many years. Therefore, although the chapters are substantive, solid reviews from the perspective of medical specialists, they also are geared to address important issues encountered at the interface of law and medicine.
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: Cyril H. Wecht
Publisher: Juris Publishing, Inc.
ISBN: 1578232384
Category : Law
Languages : en
Pages : 119
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Book Description
Preparing and Winning Medical Negligence Cases - Third Edition has been prepared by prominent, experienced medical specialists, all of whom have had much professional involvement and interest in legal medicine for many years, many of whom have JD as well as MD degrees. Therefore, while the chapters present a wealth of solid information for a variety of medical specialists, they are primarily designed to address important issues that are undoubtedly of great value to both plaintiff and defense trial attorneys, as well as health care professionals, and hospital administrative personnel regarding medical malpractice cases. Preparing and Winning Medical Negligence Cases provides extensive information for lawyers regarding medical malpractice suits from both a legal and medical perspectives. It makes complex topics such as anatomy, physiology and pathology of various organ systems and the clinical diagnoses rendered by medical specialists accessible to lawyers bringing or defending medical malpractice cases. The knowledge and experience contained in this work will provide invaluable information for attorneys in both the pretrial preparation and actual trial of medical negligence cases. Preparing and Winning Medical Negligence Cases brings together the combined knowledge and experience of outstanding medical-legal teachers and writers for the purpose of educating attorneys about the difficult, variegated, and controversial subject of medical malpractice. It is difficult, if not impossible, to think of a legal area that has been the subject of as much oral and written commentary in the past twenty years as medical malpractice. Unfortunately, many of these speeches, publications, and special programs have generated far more heat than light on this complex and controversial topic. As a result, confusion and misunderstanding have precipitated hostility among a great majority of physicians toward lawyers, particularly plaintiffs' trial attorneys. Addressing this issue, this volume was prepared by prominent, experienced medical specialists, all of whom have had much involvement and interest in legal medicine for many years. Therefore, although the chapters are substantive, solid reviews from the perspective of medical specialists, they also are geared to address important issues encountered at the interface of law and medicine.
Author: Patrick Malone
Publisher:
ISBN: 9781941007693
Category :
Languages : en
Pages :
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Book Description
Author: Nigel Poole QC
Publisher: Bath Publishing Limited
ISBN: 1739099257
Category : Law
Languages : en
Pages : 443
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Book Description
Clinical Negligence claims currently cost the NHS over £2 billion every year. Litigation is time-consuming, expensive and stressful for all involved. For those whose lives have been changed dramatically as a result of negligent medical treatment, bringing a claim may be the only means of obtaining redress for the harm done to them. But the process of litigation can be a bewildering and sometimes hostile experience. For many healthcare professionals the fear of litigation is a real concern and there is deep anxiety that litigation contributes to an unhealthy, even dangerous culture of blame. Clinical Negligence Made Clear: A Guide for Patients and Professionals is an attempt by one the country’s leading clinical negligence practitioners to help all those who might be affected by such cases to understand what is involved and thereby to reduce the cost and emotional impact of clinical negligence litigation. In concise, accessible language Nigel Poole QC charts how clinical negligence has evolved, its place within the justice system and how compensation is assessed explains ten core legal principles of clinical negligence such as the doctor’s duty of care and the standards expected of healthcare professionals sets out how a claim proceeds and what happens before and during a trial focuses on specific common areas of clinical negligence claims such as wrongful birth, delays in cancer treatment and cosmetic surgery looks to the future and asks whether the current system is sustainable The aim is to provide an intelligent but accessible guide for patients, doctors, nurses, therapists, expert witnesses, and healthcare managers so that those caught up in legal proceedings have a realistic view of the impact they will have and a clearer understanding of when a dispute might be best resolved early. No doubt it will also provide a lively introduction to the subject for students, trainees and lawyers looking to move into clinical negligence work.
Author: Ilene R. Brenner
Publisher: John Wiley & Sons
ISBN: 1444331302
Category : Medical
Languages : en
Pages : 181
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Book Description
Everyone seeks to avoid getting into a lawsuit, but what do you do if this does happen? Getting sued for medical malpractice is one of the most traumatic events of a physician's career. This text will guide doctors and physicians through the process from the moment they receive a summons until the after-trial appeal process. Containing valuable information that physicians need to know to prevent making critical mistakes that can hurt their case With strategies explained to maximize their chances of a defendant's verdict. Including vital information on how to change your attorney, act at the deposition and dress for court, Navigating through what is a mysterious and terrifying process in non-legalese language that is easy to understand including what makes patients angry, strategies for coping, sample questions and tips on answering them to what happens in court and how to continue if there is a bad outcome.
Author: Michael Koskoff
Publisher:
ISBN: 9781941007853
Category :
Languages : en
Pages :
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Book Description
Author: Stanley E. Preiser
Publisher:
ISBN: 9780874734386
Category : Physicians
Languages : en
Pages :
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Book Description
Author: Stanley E. Preiser
Publisher: MICHIE
ISBN: 9780874737882
Category :
Languages : en
Pages :
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Book Description
Author: Dieter Giesen
Publisher:
ISBN:
Category : Arzthaftpflicht
Languages : de
Pages : 576
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Book Description
Author: Esq. Krompier, Jeffrey A.
Publisher: Productivity Press
ISBN: 9780367677374
Category : Actions and defenses
Languages : en
Pages : 154
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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.
