Adverse Events Stress and Litigation

Author: Sara C. Charles M.D.
Publisher: Oxford University Press
ISBN: 9780190291327
Release Date: 2005-04-14
Genre: Medical

What is it like to be sued for medical malpractice? Bad medical outcomes traumatize patients but they also traumatize physicians. The litigation that often follows is a profoundly human, rather than just a legal experience. Although every physician's case is different, this book shows how each case goes through the same judicial stages of complaint, discovery, depositions, motions, and delays that lead to trial, settlement, or being dropped. It also gives doctors an understanding of how lawyers think and work to help defendants. Written by a physician and a lawyer, the book provides unique insights - through real-life stories - into the personal experience of litigation as well as recommendations for dealing with each of the legal process. It also includes up-to-date reviews of HIPAA legislation, the controversial subject of disclosure, and recent developments in the law affecting medical practitioners. Only about thirty percent of plaintiffs win their cases against doctors, but the journey from bedside to witness stand tests both the personal character and the professional skills of those accused. This well-documented book will help doctors understand and navigate the legal system while honoring their own ideals and emerging changed but stronger from the experience.

Posttraumatic Stress Disorder in Litigation

Author: Robert I. Simon
Publisher: American Psychiatric Pub
ISBN: 1585627534
Release Date: 2008-08-13
Genre: Medical

The terrorist attacks on the World Trade Center in September 2001 turned PTSD into a household word. But posttraumatic stress disorder has been documented throughout history: For example, as long ago as 1666, Samuel Pepys wrote in his diary that he still had night terrors 6 months after the great fire of London. PTSD, officially recognized as a diagnosis by DSM-III in 1980, is only the most recent term used to describe the suffering of trauma victims. Few could have foreseen its profound impact on litigation. Often dubbed the "black hole" of litigation -- where allegations are relatively easy to assert but difficult to defend because the symptoms are subjective -- PTSD has deeply influenced civil and criminal law in cases ranging from malpractice and personal injury to sexual harassment and child abuse. It is thus vital for all legal parties involved that forensic examiners perform credible psychiatric and psychological examinations of PTSD claimants. Intended to add direction and discipline to the forensic assessment of PTSD litigants, this expanded second edition begins with an updated chapter on current and future trends for the role of PTSD in litigation. Chapter 2 notes the increasing evidence that exposure to multiple events not only is more common than previously thought but also increases the risk for development of PTSD following the target event. Chapter 3 details diagnostic criteria and guidelines for the forensic psychiatric examination of the PTSD claimant. Most literature discusses PTSD in adults. Chapter 4 offers a rare perspective on PTSD in children and adolescents, including parental response to the trauma, developmental effects, and delayed onset symptoms. Forensic assessment of PTSD claimants is presented in Chapter 5, followed by new chapters on disability determinants (how PTSD impairs occupational functioning) and PTSD in the workplace, where the causal relationship between employment stress and a resulting mental or emotional disorder must be determined. Chapter 8 covers guidelines for malingering in PTSD, where the claimant may be motivated by financial gain or by a reduced charge resulting from an insanity defense. A new chapter on forensic laboratory testing in PTSD presents the tantalizing potential of psychophysiologic measurement to redeem the PTSD diagnosis from its daunting subjectivity. This essential collection by 13 U.S. experts sheds important new light on forensic guidelines for effective assessment and diagnosis and determination of disability, serving both plaintiffs and defendants in litigation involving PTSD claims. Mental health and legal professionals, third-party payers, and interested laypersons will welcome this balanced approach to a complex and difficult field.

How to Survive a Medical Malpractice Lawsuit

Author: Ilene R. Brenner
Publisher: John Wiley & Sons
ISBN: 9781444390377
Release Date: 2010-09-23
Genre: Medical

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.

Risk Prevention in Ophthalmology

Author: Marvin Kraushar
Publisher: Springer Science & Business Media
ISBN: 0387733418
Release Date: 2008-02-10
Genre: Medical

Being served with a lawsuit wouldn’t just ruin your day. It could ruin a clinician’s professional and personal life. Written for physicians by physicians, this important book concisely and pragmatically answers many of the questions surrounding medical malpractice. With an emphasis on clinical matters and a minimum of "legalese", this book shows ophthalmologists how to avoid law suits in the first place. It also examines what happens should litigation occur and provides insights into both defendant and plaintiff perspectives. Covering the legal issues for all of ophthalmology, here at last is a book that provides the busy clinician with the tools necessary to reduce the risk of lawsuits.

Glass Office Gynecology

Author: Michele Curtis
Publisher: Lippincott Williams & Wilkins
ISBN: 9781451154023
Release Date: 2014-03-20
Genre: Medical

Stay on top of the latest advances in the ambulatory care of women with Glass' Office Gynecology, 7e, today’s most up-to-date and practical guide to the common issues seen every day by women’s health providers in an office setting. Chapters mirror the common issues seen by practitioners and include epidemiology of gynecologic disease, examination tips, laboratory testing, diagnostic procedures, treatment and appropriate follow up, as well as referral for specialty treatment and counseling. Clinical notes make this book a handy resource for the busy practitioner.

Physician Mental Health and Well Being

Author: Kirk J. Brower
Publisher: Springer
ISBN: 9783319555836
Release Date: 2017-06-29
Genre: Medical

This book explores Mental Health and related problems among physicians. These problems include addiction, burnout, disruptive and unprofessional behaviors, impairment, depression and other mood disorders, traumatic stress, and suicide. Just like other people, physicians may suffer in silence and refuse to seek help. However, unlike most other people, they work in safety-sensitive positions where clear-headed judgment and proper action can save lives. The authors of this work include psychiatrists and psychologists who diagnose and treat a range of patients with mental illness. They have also seen physicians with mental health issues and substance use disorders who benefitted greatly from education, support, coaching, and treatment. Further, several authors themselves have at times struggled with some of the aforementioned mental health problems, allowing them to study and understand these issues “from the inside out.” The book’s content is organized into three parts with interconnecting themes. Part I focuses on symptoms and how physicians’ problems manifest at the workplace. Part II discusses the disorders underlying the manifesting symptoms. Part III focuses on interventions at both the individual and organizational levels. The major themes investigated throughout the book are developmental aspects; mental health and well-being as a continuum; and the multifactorial contributions of individual, interpersonal, organizational, and cultural elements to physician health. This book is intended for anyone who works with, provides support to, or professionally treats distressed physicians. It is also intended for healthcare leaders and organizations, motivated to expand their culture, such that seeking help and counsel become normal activities. By writing this book, the authors hope to bring their struggles to light, reduce stigma and outline effective pathways to a healthy work-life balance.

Brain Injury Medicine

Author: Douglas I Katz, MD
Publisher: Demos Medical Publishing
ISBN: 1934559504
Release Date: 2006-10-16
Genre: Medical

A Doody's Core Title 2012 Brain Injury Medicine: Principles and Practice is a comprehensive guide to all aspects of the management issues involved in caring for the person with brain injury - from early diagnosis and evaluation through the post-acute period and rehabilitation. It is the definitive core text needed by all practitioners in this area, including physiatrists, neurologists, psychologists, nurses, and other health care professionals. Written by over 100 acknowledged leaders in the field, and containing hundreds of tables, graphs, and photographic images, the text deals with issues of neuroimaging and neurodiagnostic testing, prognosis and outcome, acute care, rehabilitative care, treatment of specific populations, neurologic problems following injury, neuromusculoskeletal problems, and general management issues. Key features include: Emphasis on a disease state management approach to patient assessment and treatment Promotion of a holistic, biopsychosocial model of patient assessment and care Review of current expert consensus on practice guidelines Exploration of epidemiologic and basic pathophysiologic aspects of brain injury Examination of clinical issues throughout the continuum of rehabilitative care Cutting edge, practical information based on the authors' extensive clinical experience that will positively impact patients and families following brain injury

The Hollow Hope

Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Release Date: 2008-09-15
Genre: Political Science

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

When Good Doctors Get Sued

Author: Angela M. Dodge
Publisher:
ISBN: 0977751104
Release Date: 2006-02-01
Genre: Physicians

Guidebook for healthcare providers preparing themselves to defend against malpractice lawsuits. Practical advice and many examples for preparation for deposition or trial testimony. Focus on listening and responding to questions, and dealing with litigation stress.

After Harm

Author: Nancy Berlinger
Publisher: JHU Press
ISBN: 9780801895845
Release Date: 2009-11-17
Genre: Medical

Medical error is a leading problem of health care in the United States. Each year, more patients die as a result of medical mistakes than are killed by motor vehicle accidents, breast cancer, or AIDS. While most government and regulatory efforts are directed toward reducing and preventing errors, the actions that should follow the injury or death of a patient are still hotly debated. According to Nancy Berlinger, conversations on patient safety are missing several important components: religious voices, traditions, and models. In After Harm, Berlinger draws on sources in theology, ethics, religion, and culture to create a practical and comprehensive approach to addressing the needs of patients, families, and clinicians affected by medical error. She emphasizes the importance of acknowledging fallibility, telling the truth, confronting feelings of guilt and shame, and providing just compensation. After Harm adds important human dimensions to an issue that has profound consequences for patients and health care providers. -- Laurie Zoloth, Northwestern University, Feinberg School of Medicine

To Err Is Human

Author: Committee on Quality of Health Care in America
Publisher: National Academies Press
ISBN: 9780309068376
Release Date: 2000-03-01
Genre: Medical

Experts estimate that as many as 98,000 people die in any given year from medical errors that occur in hospitals. That's more than die from motor vehicle accidents, breast cancer, or AIDS--three causes that receive far more public attention. Indeed, more people die annually from medication errors than from workplace injuries. Add the financial cost to the human tragedy, and medical error easily rises to the top ranks of urgent, widespread public problems. To Err Is Human breaks the silence that has surrounded medical errors and their consequence--but not by pointing fingers at caring health care professionals who make honest mistakes. After all, to err is human. Instead, this book sets forth a national agenda--with state and local implications--for reducing medical errors and improving patient safety through the design of a safer health system. This volume reveals the often startling statistics of medical error and the disparity between the incidence of error and public perception of it, given many patients' expectations that the medical profession always performs perfectly. A careful examination is made of how the surrounding forces of legislation, regulation, and market activity influence the quality of care provided by health care organizations and then looks at their handling of medical mistakes. Using a detailed case study, the book reviews the current understanding of why these mistakes happen. A key theme is that legitimate liability concerns discourage reporting of errors--which begs the question, "How can we learn from our mistakes?" Balancing regulatory versus market-based initiatives and public versus private efforts, the Institute of Medicine presents wide-ranging recommendations for improving patient safety, in the areas of leadership, improved data collection and analysis, and development of effective systems at the level of direct patient care. To Err Is Human asserts that the problem is not bad people in health care--it is that good people are working in bad systems that need to be made safer. Comprehensive and straightforward, this book offers a clear prescription for raising the level of patient safety in American health care. It also explains how patients themselves can influence the quality of care that they receive once they check into the hospital. This book will be vitally important to federal, state, and local health policy makers and regulators, health professional licensing officials, hospital administrators, medical educators and students, health caregivers, health journalists, patient advocates--as well as patients themselves. First in a series of publications from the Quality of Health Care in America, a project initiated by the Institute of Medicine

Defendant

Author: Sara C. Charles
Publisher: Vintage
ISBN: 0394746635
Release Date: 1986-11-12
Genre: Law

The author recounts the story of her ten-million-dollar malpractice suit against her Chicago psychiatrist

Ethics in Global Health

Author: Ruth Macklin
Publisher: Oxford University Press
ISBN: 9780199890453
Release Date: 2012-06-14
Genre: Medical

This is a collection of Ruth Macklin's previously published articles on ethics in global health and research. The articles range from a chapter in a book published in 1989 to a journal article currently in press. The essays fall into two broad categories: policy and practice, and multinational research.

Managing the Causes of Work related Stress

Author: Great Britain. Health and Safety Executive
Publisher:
ISBN: 071766273X
Release Date: 2007
Genre: Employees

Based on the Management Standards, this new guide will help you, your employees and their representatives manage the issue sensibly and minimise the impact of work-related stress on your business. It might also help you improve how your organisation performs.