[PDF] Winning Medical Malpractice Cases eBook

Author : Ilene R. Brenner
Publisher : John Wiley & Sons
Page : 181 pages
File Size : 35,87 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 : Cyril H. Wecht
Publisher : Juris Publishing, Inc.
Page : 119 pages
File Size : 23,6 MB
Release : 2009-04-01
Category : Law
ISBN : 1578232384

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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
Page : 696 pages
File Size : 31,68 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 : Tom Baker
Publisher : ReadHowYouWant.com
Page : 386 pages
File Size : 31,2 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. Anderson
Publisher : Springer Science & Business Media
Page : 307 pages
File Size : 26,84 MB
Release : 2007-11-05
Category : Medical
ISBN : 1592598455

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Books such as this one are deceptively difficult to create. The general subject is neither happy, nor easy, nor most anyone’s idea of fun. M- practice litigation, however, has become a central fact of existence in the practice of medicine today. This tsunami of lawsuits has led to a high volume of irreconcilable rhetoric and ultimately threatens the stability of the entire health care system. Our goal has been to provide a source of reliable information on a subject of importance to all who provide me- cal care in the United States. The book is divided into four sections. Part I gives an overview of insurance in general and discusses the organization of professional - ability insurance companies in particular. Part II focuses on the litigation process itself with views from the defense and plaintiff bar, and the physician as both expert and defendant. Part III looks at malpractice litigation from the viewpoint of the practicing physician. Some of the chapters are broadly relevant to all doctors—the rise of e-medicine, and the importance of effective communication, for example. The other ch- ters are constructed around individual medical specialties, but discuss issues that are of potential interest to all. Part IV looks ahead. “The Case for Legal Reform” presents changes in medical-legal jurisprudence that can be of immediate benefit. The final two chapters take a broader perspective on aspects of our entire health care system and its interface with law and public policy.

Author : Richard H. Friedman
Publisher :
Page : 320 pages
File Size : 43,46 MB
Release : 2005-01-01
Category : Bad faith (Law)
ISBN : 9780974324838

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Now, they share their secrets of trying complex cases to a jury, including bad faith cases. Friedman and Malone help you consider your theme and strategy for trial using his "Rules of the Road" technique, and then takes you from the pleading through discovery and trial.