The Preparation and Trial of Medical Malpractice Cases

The Preparation and Trial of Medical Malpractice Cases PDF 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.

The Preparation and Trial of Medical Malpractice Cases

The Preparation and Trial of Medical Malpractice Cases PDF Author: Richard E. Shandell
Publisher: Law Journal Press
ISBN: 9781588520081
Category : Law
Languages : en
Pages : 696

Get Book Here

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.

The Medical Malpractice Trial

The Medical Malpractice Trial PDF Author: Michael Koskoff
Publisher:
ISBN: 9781941007853
Category :
Languages : en
Pages :

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Book Description


Bringing Back Eight

Bringing Back Eight PDF Author: Stuart Spitalnic
Publisher: Chicago Review Press
ISBN: 0897339770
Category : Fiction
Languages : en
Pages : 188

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Book Description
Dr. Joseph Charles is one of eight physicians being sued for not diagnosing an infection that has left a man paralyzed. He tells his story as it happens. And, unlike most novels involving the law, this story is told from the viewpoint of a defendant, not an attorney. The malpractice trial reveals the surprising ways the lives of both the plaintiff and the defendants are affected. What starts as issues of medical judgments and physical pain quickly evolves into a question of money. Plaintiff, defendants, and witnesses are all reduced to pawns in a chess game played by attorneys. For doctors, this book may confirm your worst fears. For lawyers-especially plaintiff's lawyers-this book will remind you there is another side to it all. For patients, this novel will provide insight into the human side of today's headlines, which remind us of the malpractice crisis, doctors' strikes, and injury and death resulting in medical error.

Defendant

Defendant PDF Author: Sara C. Charles
Publisher: Vintage
ISBN: 9780394746630
Category : Law
Languages : en
Pages : 260

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Book Description
The true story of the malpractice trial of Sara Charles, a Chicago psychiatrist, who was sued for $10 million by a patient whose failed suicide attempt left her crippled.

How to Survive a Medical Malpractice Lawsuit

How to Survive a Medical Malpractice Lawsuit PDF 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.

Medical Malpractice on Trial

Medical Malpractice on Trial PDF Author: Paul C. Weiler
Publisher: Harvard University Press
ISBN: 9780674561205
Category : Insurance, Physicians' liability
Languages : en
Pages : 268

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Book Description
Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair. In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thorough revision of the current tort liability regime, which would concentrate available resources on meeting actual financial losses of seriously injured victims. It would also shift the focus of tort liability from the individual doctor to the hospital or other health care organization. This would elicit more effective quality assurance programs from the institutions that are in the best position to reduce our current unacceptable rate of physician-induced injuries. But in states such as New York, Florida, and Illinois, where the current situation seems to have gone beyond the help of even drastic tort reform, the preferred solution is a no-fault system. Weiler shows how such a system would provide more equitable compensation, more effective prevention, and more economical administration than any practical alternative.

Medical Malpractice Litigation in the 21St Century

Medical Malpractice Litigation in the 21St Century PDF Author: Nathaniel J. Friedman
Publisher: AuthorHouse
ISBN: 1477220321
Category : Law
Languages : en
Pages : 176

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Book Description
A Lawyer's Guide to Successful Malpractice Litigation. In using this volume, keep in mind that it is a general view of what it is to be anticipated in prosecuting a medical malpractice case. However, no book is able to anticipate each situation and circumstance arising in the heat of battle. As such, use this book in conjunction with your own background, training and experience. Good luck! Nathaniel J. Friedman, Esq.

A Measure of Malpractice

A Measure of Malpractice PDF Author: Paul C. Weiler
Publisher: Harvard University Press
ISBN: 9780674558809
Category : Insurance, Physicians' liability
Languages : en
Pages : 202

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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.

Medical Malpractice

Medical Malpractice PDF Author: David William Louisell
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description


Winning Medical Malpractice Cases

Winning Medical Malpractice Cases PDF Author: Patrick Malone
Publisher:
ISBN: 9781941007693
Category :
Languages : en
Pages :

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Book Description