[PDF] The Medical Malpractice Trial eBook

Author : Richard E. Shandell
Publisher : Law Journal Press
Page : 696 pages
File Size : 43,57 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 : Ilene R. Brenner
Publisher : John Wiley & Sons
Page : 181 pages
File Size : 49,21 MB
Release : 2010-05-10
Category : Medical
ISBN : 1444331302

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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 : Stuart Spitalnic
Publisher : Chicago Review Press
Page : 188 pages
File Size : 32,42 MB
Release : 2005-08-01
Category : Fiction
ISBN : 0897339770

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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.

Author : Sara C. Charles
Publisher : Vintage
Page : 260 pages
File Size : 42,11 MB
Release : 1986
Category : Law
ISBN : 9780394746630

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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.

Author : ACLM
Publisher : Elsevier Health Sciences
Page : 549 pages
File Size : 23,65 MB
Release : 2007-03-09
Category : Medical
ISBN : 0323070884

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Reduce your risk of costly litigation! Written in easy-to-understand language by a team of medical doctors who are also attorneys at law, this handbook addresses the issues surrounding the growing incidence of medical malpractice. It examines the scenarios that can result in a malpractice suit, the best actions to take during the course of litigation, and the most effective ways to minimize your legal liabilities. Access the expert guidance of top professionals across medical and legal fields in an easy-to-read format. Review the legal aspects of nearly every medical topic that impacts health care professionals. Quickly see how to minimize your legal liabilities with the aid of "Golden Rule" boxes. Understand the different types of malpractice suits and the physician's position and defense in each. See how concepts apply to specific scenarios through abundant case studies. Explore specific legal considerations for each medical specialty.

Author : Paul C. Weiler
Publisher : Harvard University Press
Page : 202 pages
File Size : 13,2 MB
Release : 1993
Category : Insurance, Physicians' liability
ISBN : 9780674558809

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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.

Author : Paul C. Weiler
Publisher : Harvard University Press
Page : 268 pages
File Size : 14,96 MB
Release : 1991
Category : Insurance, Physicians' liability
ISBN : 9780674561205

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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.

Author : Nathaniel J. Friedman
Publisher : AuthorHouse
Page : 176 pages
File Size : 15,67 MB
Release : 2012-07-19
Category : Law
ISBN : 1477220321

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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.