[PDF] Medical Malpractice And The American Jury eBook

Author : Neil Vidmar
Publisher : University of Michigan Press
Page : 334 pages
File Size : 13,94 MB
Release : 1997-07-15
Category : Law
ISBN : 9780472084791

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Returns the verdict on the performance of medical malpractice juries

Author : Neil Vidmar
Publisher : Prometheus Books
Page : 428 pages
File Size : 11,97 MB
Release : 2009-09-25
Category : Law
ISBN : 1615929878

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This monumental and comprehensive volume reviews more than 50 years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system.

Author : Tom Baker
Publisher : ReadHowYouWant.com
Page : 386 pages
File Size : 35,85 MB
Release : 2011-03
Category : Law
ISBN : 1459615654

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n January 2005, President Bush declared the medical malpractice liability system out of control.The president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years - that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, direct...

Author : Richard E. Shandell
Publisher : Law Journal Press
Page : 696 pages
File Size : 17,46 MB
Release : 2018-09-28
Category : Law
ISBN : 9781588520081

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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 : Bernard S. Black
Publisher : Cato Institute
Page : 337 pages
File Size : 49,88 MB
Release : 2021-04-27
Category : Law
ISBN : 194864780X

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"Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.

Author : Nicholas Michael Pace
Publisher : Rand Corporation
Page : 83 pages
File Size : 29,36 MB
Release : 2004
Category : Law
ISBN : 9780833036650

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A model for limits on trial awards and attorneys' fees in medical malpractice cases is the Medical Injury Compensation Reform Act (MICRA), a law enacted in California in 1975 in the hope of controlling soaring medical malpractice insurance premiums and ensuring the continuing availability of malpractice insurance. MICRA caps awards for non-economic losses at $250,000 and limits plaintiffs' attorney fees. The authors examine the effects these limits have on both plaintiffs' awards and defendants' liabilities.

Author : Stephen J. Adler
Publisher : Crown
Page : 312 pages
File Size : 46,37 MB
Release : 1994
Category : Law
ISBN :

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Takes us inside the jury room in seven cases ; tells us how juries go wrong, and how this can be corrected.