Author: Frank Mcclellan
Publisher: Temple University Press
Release Date: 2010-06-10
From practical to philosophical considerations, this succinct, clear presentation of medical malpractice issues is a valuable resource for the classroom and the reference shelf. Frank M. McClellan illustrates the multitude of considerations that impact the merit of each case, never losing sight of the importance of preserving human dignity in malpractice lawsuits. Early chapters urge the evaluation of legal, medical, and ethical standards, especially the Standard of Care. Part II focuses on assessing and proving compensatory and punitive damages, Part III sets out guidelines for intelligence gathering, medical research, choosing expert witnesses, and preparing for trial. Students of law, medicine, and public health, as well as lawyers and health care professionals, will find in Medical Malpractice a valuable text or reference book. "Problems" in twelve of the thirteen chapters illustrate the range of issues that can arise in malpractice suits. An appendix lists leading cases that have shaped medical malpractice law.
Author: S Y Tan
Publisher: World Scientific Publishing Company
Release Date: 2006-01-23
This textbook is about the law of medical malpractice and how to prevent a malpractice lawsuit. It grew out of an earlier book covering medical negligence in Singapore. The book's primary goal is to provide a clear and simple explanation of the American law of medical malpractice, informed consent and risk management. Written with the clinician in mind, it is legally uncomplicated without being overly simplistic. The book is as much about medicine as it is about law; above all, it is about patients. It is written with the fervent belief that with better education, there will emerge a better appreciation of the expectations of the patient — often unmet — and the standards of the legal system — often misunderstood. Fewer lawsuits and improved patient care will hopefully follow. The book is in five sections. The first covers the law of malpractice and informed consent while the second covers risk management with chapters on confidentiality, communication and risk management tips. Section III is a single chapter on reforming the system, and discusses both medical and legal proposals. The subject of tort reforms is covered in this chapter. A review section consisting of 35 multiple choice questions and answers constitutes Section IV. The book concludes with a glossary of legal terms.
Author: Frank A. Sloan
Publisher: Mit Press
Release Date: 2008
Genre: Business & Economics
A comprehensive analysis of medical malpractice from legal, medical, economic, andinsurance perspectives that considers why past efforts at reform have not worked and offersrecommendations for realistic, achievable policy changes.
Author: Ilene R. Brenner
Publisher: John Wiley & Sons
Release Date: 2010-09-23
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.
Publisher: Elsevier Health Sciences
Release Date: 2007-03-09
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: Kenneth De Ville
Publisher: NYU Press
Release Date: 1992-04-01
Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early Republic By far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy
Willie Ramirez is arguably the most important medical malpractice case related to language and prejudice. As a result of an interpreting error, Willie’s brain hemorrhage was misdiagnosed and he was left quadriplegic. On January 22, 1980, 18-year-old Willie Ramirez ate a fast food hamburger. That evening, he fell down unconscious and his Cuban family thought it was the hamburger that made him sick. They tried to explain to the emergency room doctor that he was “intoxicado”, which in Cuban Spanish means “ill due to something one ate.” Willie’s teenage girlfriend mentioned that they had been arguing, which caused the ER doctor to piece together a story that was completely wrong. He thought Willie was intoxicated—that he had taken an intentional drug overdose because he was upset about the fight with his girlfriend. No qualified interpreter was called because the parties believed they were communicating adequately. Although not consciously prejudiced, the doctor was influenced by an implicit association between drug abuse and young Cuban men. But Willie was a health-conscious athlete who never used alcohol or drugs. Willie was mistakenly treated for a drug overdose while his brain continued to hemorrhage. The interpreting error was perpetuated by a series of mishaps. Willie was admitted to the intensive care unit by an upper class Spanish-speaking Bolivian doctor who failed to confirm the medical history because he was disdainful of the working class Cuban family. The entire medical team who attended to Willie accepted the initial diagnosis of “drug overdose” and did not question it until the patient nearly died. For 36 hours, everyone missed the signs of the brain hemorrhage. When it was finally diagnosed, surgery was performed to stop the bleeding but it was too late. Over 30 years as a quadriplegic, Willie becomes an extraordinary person with rich intercultural relationships. He goes on to marry and even has a biological daughter. Based on interviews with Willie, his family, doctors, lawyers, and caregivers, “An Intoxicating Error: Mistranslation, Medical Malpractice, and Prejudice,” is the story of how language barriers and prejudice affect his life and the lives of those around him.
Author: Tom Baker
Release Date: 2011-03-01
Genre: Actions and defenses
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, director of the Insurance Law Center at the University of Connecticut School of Law, to puncture ''the medical malpractice myth'' with a talent for reasoned argument and incisiveness. He counters that the real problem is ''too much medical malpractice, not too much litigation,'' and that the cost of malpractice is lost lives and the ''pain and suffering of tens of thousands of people every year'' - most of whom do not sue. Baker argues that the rise in medical premiums has more to do with economic cycles and the competitive nature of the insurance industry than runaway juries. Finally, Baker offers an alternative in the form of evidence-based medical liability reform that seeks to decrease the incidence of malpractice and also protect doctors from rising premium costs. Having worked with insurance companies, law firms and doctors, Baker brings experience and perspective to his book, which is sure to be important and controversial in future debates.
Author: Bruce Livingston
Publisher: Austin & Winfield Pub
Release Date: 1995
Designed to assist practicing attorneys in all phases of a medical malpractice case, this practical handbook contains crucial information and strategies for handling the investigation of the suit, the use of expert witnesses, settlement discussions and trial strategies. Unlike most other works in the area, The Medical Malpractice Handbook also provides much needed concrete data on the determination of economic and noneconomic losses. Richard J. Arnould, Professor of Economics and Policy, University of Illinois at Champaign-Urbana, contributes a chapter on how to calculate economic losses. Bruce Livingston and Stephen Morewitz's expertise in medical-legal consulting gives their study a unique multi-disciplinary approach to the problem. Illustrated with case law and citations from different states, this new handbook constitutes a complete guide to medical malpractice.
Author: Harvey F. Wachsman
Publisher: Henry Holt and Company
Release Date: 2015-03-03
Genre: Health & Fitness
With America's health-care system in the midst of upheaval, and with government officials, physicians, and the public-at-large focused as never before on the cost and quality of these vital services, a hidden epidemic--medical malpractice--destroys hundreds of thousands of lives each year and is ignored by the majority of the medical establishment. Lethal Medicine is the first book to thoroughly examine malpractice, and its author, Harvey F. Wachsman, M.D., J.D., as both a respected neurosurgeon and the leading attorney in the field, is uniquely qualified to critique this problem from every angle. Using numerous case histories and authoritative data from university and government studies, Wachsman explodes the common myths that doctors are spending millions of dollars on "defensive medicine" and that the high cost of malpractice insurance is driving many doctors out of their practices. In fact, he argues that most malpractice cases actually do result from egregious abuses by doctors. Reviewing the latest court rulings and malpractice policies, Wachsman calls for the lgal community, government, and medical establishment to protect the public from the thousands of physicians who continue to practice irresponsible medicine without penalty. As Washington makes health care one of its highest priorities and the nation turns its attention to the issue, Lethal Medicine is a thoughtful yet urgent cry for reform by the nation's foremost expert on the topic.
Author: William M. Sage
Publisher: Cambridge University Press
Release Date: 2006-06-12
Medical malpractice lawsuits are common and controversial in the United States. Since early 2002, doctors' insurance premiums for malpractice coverage have soared. As Congress and state governments debate laws intended to stabilize the cost of insurance, doctors continue to blame lawyers and lawyers continue to blame doctors and insurance companies. This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American health policy. Contributions from leading figures in health law and policy marshal the best available information, present new empirical evidence, and offer cutting-edge analysis of potential reforms involving patient safety, liability insurance and tort litigation.
Defending Medical Malpractice Claims provides an authoritative, insiders perspective on developing an effective medical malpractice defense. Featuring partners from law firms across the nation, these experts guide the reader through the process of representing doctors and health care providers in medical malpractice cases. These top lawyers offer advice on navigating the discovery process, selecting good experts, demonstrating the client acted appropriately, and helping clients avoid future medical malpractice claims. Additionally, these attorneys discuss legal protections for doctors and health care providers, common types and targets of lawsuits, and the increasing role of technology in this area of law. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-evolving field.
Author: James T. O'Reilly
Release Date: 2015-04-16
Medical Malpractice guides lawyers who are intent on attaining compensation for the errors that can occur in today's evolving healthcare arena or who are engaged in defending a modern malpractice case. This book provides an extensive overview of today's changed medical landscape as well as specific and practical ways to approach a medical malpractice case from the moment a potential plaintiff or defendant enters the door to the announcement of the jury verdict.