Author: Neil Vidmar
Publisher: University of Michigan Press
Release Date: 1997
In this landmark book, Neil Vidmar looks beyond the common perceptions of medical malpractice litigation and finds a system that is fair, impartial, and intelligent. Firmly grounded in a wealth of empirical data, the author presents a fresh look at a civil jury system that has been maligned as out-of-touch, capricious, and disposed to awarding exorbitant, unjustified amounts to plaintiffs whenever they have the opportunity. In an era when tort reform is high on the congressional agenda, Medical Malpractice and the American Jury is almost alone in voicing reason and fact. Written in a thoroughly inviting, jargon-free style, Medical Malpractice and the American Jury places those cases that go to trial in the broader context of litigation, noting that only about ten percent of malpractice cases ever result in trials. Of those that do go to trial, the author notes, more than two out of three cases are decided in the doctor's favor--repudiating the view that jurors are inherently biased against doctors and are motivated more by sympathy for the plaintiff than by the facts of the case. Neil Vidmar comprehensively addresses all the claims that have been leveled against the performance of malpractice juries. For example, he compares actual jury decisions on negligence with neutral physicians' ratings of whether negligence occurred in the medical treatment and finds a remarkable consistency--repudiating the view that jurors are unable to understand experts or uncritically defer to their opinion. "Medical Malpractice and the American Jury is quite simply the most compelling, comprehensive examination of the American jury system yet written. It brings reason and fact to the debate in a way that puts the lie to the many myths surrounding medical negligence cases. For anyone genuinely interested in just solutions, this book should be required reading. To act in ignorance of its findings invites disaster." --Trial "For anyone really interested in the evidence about the daily grind of the courthouse mill, Neil Vidmar's Medical Malpractice and the American Jury is a good place to start." --Washington Post Book World Neil Vidmar is Professor of Social Science and Law, Duke Law School, and Professor of Psychology, Duke University.
Author: Neil Vidmar
Publisher: Prometheus Books
Release Date: 2007
Genre: Social Science
Although the right to trial by jury is enshrined in the U.S. Constitution, in recent years both criminal and civil juries have been criticized as incompetent, biased, and irresponsible. For example, the O.J. Simpson criminal jury's verdict produced a racial divide in opinions about that trial. And many Americans still hold strong views about the jury that awarded millions of dollars to a woman who spilled a cup of McDonald's coffee on herself. It's said that there are judicial hellholes where local juries provide jackpot justice in medical malpractice and product liability cases with corporate defendants. Are these claims valid?This monumental and comprehensive volume reviews over fifty years of empirical research on civil and criminal juries and returns a verdict that strongly supports the jury system. Rather than relying on anecdotes, Vidmar and Hans-renowned scholars of the jury system-place the jury system in its historical and contemporary context, giving the stories behind important trials while providing fact-based answers to critical questions. How do juries make decisions and how do their verdicts compare to those of trial judges and technical experts? What roles do jury consultants play in influencing trial outcomes? Can juries understand complex expert testimony? Under which circumstances do capital juries decide to sentence a defendant to die? Are juries biased against doctors and big business? Should juries be allowed to give punitive damages? How do juries respond to the insanity defense? Do jurors ignore the law?Finally, the authors consider various suggestions for improving the way that juries are asked to carry out their duties. After briefly comparing the American jury to its counterparts in other nations, they conclude that our jury system, despite occasional problems, is, on balance, fair and democratic, and should remain an indispensable component of the judicial process for the foreseeable future.Neil Vidmar, PhD, (Durham, NC), is both the Russell M. Robinson II Professor of Law at Duke University School of Law and a professor of psychology at Duke University. He has published over 100 research articles and is the author, coauthor, or editor of four books including Hans and Vidmar's widely acclaimed Judging the Jury (1986), Medical Malpractice and the American Jury, and World Jury Systems (2000).Valerie P. Hans, PhD (Ithaca, NY), is Professor of Law at Cornell University. She has published more than ninety research papers and articles and is the author, coauthor or editor of five books including Business on Trial (2000); Judging the Jury (1986) and The Jury System (2006). She also serves on the editorial boards of major professional journals in the field of law and social science.
Author: Nicholas Michael Pace
Publisher: Minnesota Historical Society
Release Date: 2004
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: 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
Author: Tom Baker
Publisher: University of Chicago Press
Release Date: 2008-09-15
American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are skyrocketing, rendering doctors both afraid and unable to afford to continue to practice medicine. Undeserving victims sue at the drop of a hat, egged on by greedy lawyers, and receive eye-popping awards that insurance companies, hospitals, and doctors themselves struggle to pay. The plaintiffs and lawyers always win; doctors, and the nonlitigious, always lose; and affordable health care is the real victim. This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offers The Medical Malpractice Myth, a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually a great deal more medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Are these lawsuits frivolous? Very rarely. Point by point, Baker—a leading authority on insurance and law—pulls together the research that demolishes the myths that have taken hold about medical malpractice and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability. President Bush has made medical malpractice reform a priority in his last term in office, but if history is any indication, legislative reform would only worsen the situation and perpetuate the gross misunderstanding of it. The debate surely will be transformed by The Medical Malpractice Myth, a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.
Author: Committee to Study Medical Professional Liability and the Delivery of Obstetrical Care
Publisher: National Academies Press
Release Date: 1989-01-15
The second volume of an overall look at the "malpractice crisis" sheds fresh light on the civil justice and insurance systems, medical liability issues, and their combined effect on health care for mothers and children. Topics include the liability implications of the rising rate of Cesarean sections, an evaluation of the American Medical Association's proposed alternative to the justice system for resolving medical liability disputes, and a review of legislative proposals under consideration.
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.
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.
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: Hon. Walter L. Murphy
Release Date: 2016-03-23
Annually updated and revised, the 2016 edition of New Hampshire Civil Jury Instructions provides comprehensive civil jury instruction coverage, pursuant to the recommendations by the Superior Court Civil Jury Instructions Committee, as well as non-standard instructions. New and revised instructions apply to such areas of law as juror voir dire, negligence and causation, comparative fault, collateral sources, informed consent in medical malpractice actions, and much more. The annual edition retains pertinent comments of the Committee on Pattern Jury Instructions and incorporates updates to the Use Notes and Sources information. The subject matter index, table of cases, table of statutes, and table of sources are also annually updated to reflect expanded and revised civil jury instruction coverage. Jury Instructions are used by: • Courts to instruct juries • Attorneys to propose to the courts • Attorneys as a roadmap to prove causes of action (plaintiff) or defend against lawsuits (defendant) The sample jury instructions will help legal professionals to avoid costly errors and to prepare for trial more quickly. The instructions authored by the courts lend themselves to ready customization to the facts of the case and expedite preparation for court. The vast array of forms in New Hampshire Civil Jury Instructions will save hours of expensive and frustrating research and replication. The eBook versions of this title feature links to Lexis Advance for further legal research options.