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.
This current and concise text presents a balanced approach to the study of medical malpractice in the United States. Designed to encompass both early history and modern day principles, The Law of Medical Malpractice takes the reader from a brief history of civil liability for professional malfeasance to the anatomy of a lawsuit and the medical malpractice trial. The author provides sample medical records, definitions of medical and legal terminology, and sample legal forms to enhance student comprehension of key concepts. The text provides actual documents to give insight into real world cases and demonstrates how a case progresses from beginning to end. The many applications are based on true cases and provide an accurate depiction of medical malpractice as it exists today. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
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.
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.
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: Jonathan H. Lomurro
Publisher: New Jersey Law Journal
Release Date: 2018-06-28
New Jersey Medical Malpractice Law provides a comprehensive, reader-friendly guide for all medical malpractice practitioners. Discretely focused subheadings allow users to precisely pinpoint relevant discussions, and footnotes highlight helpful resources and explanations. The chapters address issues as they commonly arise through the litigation process--from considering the elements of a malpractice cause of action, through investigating and preparing a case, to managing trial issues. Chapters are organized to address the issues as they commonly arise for the practicing attorney through the litigation process, from evaluation of potential claims and consideration of the elements of a malpractice cause of action, through pretrial investigation and case preparation, and finally, to the trial. Footnotes provide helpful explanatory information and resources, and add to the ease of finding answers quickly. Descriptive and discretely focused subheadings allow the reader to pinpoint precisely the discussion most relevant to his or her concerns. Practice pointers appear at the end of each chapter to aid in navigating complex medical malpractice cases. Chapters 1 and 2 discuss the first essential component of medical malpractice causes of action, the breach of a health care provider's duty of care or failure to obtain informed consent. Chapter 3 addresses related but distinct causes of action such as assault and battery, fraud, breach of contract, medical records alteration or destruction and sexual misconduct. Chapters 4 and 5 discuss the second and third essential components of malpractice cases, causation and damages. Chapter 4 has been revised to keep pace with the evolving complex case law governing proof of proximate causation in cases involving pre-existing injuries, delayed cancer diagnoses and avoidable consequences. Chapter 5 discusses damages claims in general, and those particular to malpractice and wrongful death causes of action. Chapters 6 through 9 deal with issues related to pretrial proceedings and trial of malpractice cases, including pre-suit investigation of such claims. Chapter 7 has been revised to discuss the rapidly changing case law regarding the affidavit of merit, pretrial discovery, and presents an extremely thorough discussion of expert testimony, particularly as it evolves through the implementation of the New Jersey Medical Care Access and Responsibility and Patients First Act. These chapters also examine the pleadings, defenses including the statute of limitations, voir dire and jury charges specific to malpractice cases. Finally, Chapter 10 provides a thorough discussion of the federal and New Jersey statutes and regulations regarding electronic medical records.
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: 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: Paul C. Weiler
Publisher: Harvard University Press
Release Date: 1993-01
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: Barry Werth
Publisher: Simon and Schuster
Release Date: 2013-08-20
Damages is the riveting true story of one family’s legal struggles in the world of medicine. At the urging of a friend, the Sabias filed a medical malpractice lawsuit against Dr. Humes and Norwalk Hospital. Barry Werth takes us through the seven-year lawsuit, allowing us to see the legal strategy plotted by the Sabias’s attorneys, Connecticut’s premier medical malpractice law firm.
Author: William Choctaw
Publisher: Springer Science & Business Media
Release Date: 2008-03-26
Written by an MD/JD, this book offers a unique perspective on medical-legal issues surrounding daily clinical practice. It covers all the essentials and tells the inside secrets of how to avoid cases that cost the medical community millions each year. Readers will learn basic law and the ways laws are interpreted. In addition, the book focuses on the law-medicine-politics triangle and its effect on physicians, the impact of — and issues related to — diversity in medical malpractice, and other essential topics. Physicians who better understand malpractice laws are better clinical decision makers who feel more confident in their ability as doctors.
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: Cinamon S. Houston
Release Date: 2016-09-21
Got a question about personal injury litigation? Thanks to Anderson's Ohio Personal Injury Litigation Manual, you can track down your answer immediately no matter where you're located. That's because the authors of this practical guide have distilled volumes of information into a single, compact publication that slips easily into a briefcase. Whether you're in conference or at trial, attending a hearing or conducting discovery, Anderson's Ohio Personal Injury Litigation Manual is an invaluable asset for any personal injury litigator. But don't let its size fool you! Anderson's Ohio Personal Injury Litigation Manual is packed with useful information. Comprehensive in scope, it provides coverage of the most significant personal injury topics in Ohio: motor vehicle negligence, product liability, premises liability, government liability, and medical malpractice. It also includes hundreds of practice tips for the personal injury attorney, including checklists, warnings, strategic points, exceptions, and resources. And if you need to conduct more in-depth research, Anderson's Ohio Personal Injury Litigation Manual can cut time from your search, thanks to relevant cross-references to other personal injury treatises and forms Anderson's Ohio Personal Injury Litigation Manual: It's the kind of practical publication you've come to expect from Anderson's, the first name in Ohio legal research.
Author: William W. Feuer
Release Date: 1990-04
The author offers a comprehensive discussion of the dynamics of law & medicine, focusing on practical litigation procedures & strategies, cases, & current trends in medicine. He sets forth the five necessary elements which establish a professional liability lawsuit. He then develops these elements based on the reasoning used by the courts in rendering their decisions. This easy-to-read book enables the reader, whether a student, legal practitioner, health care professional, or interested individual, to think like a lawyer when analyzing the possibility of doing or omitting to do something which may give rise to a lawsuit. It also sets forth legal strategies, such as defenses a physician may assert, which may lessen damages or result in a complete dismissal. The book explains critical issues relevant to the medical malpractice lawsuit. It describes the introduction of medical records into court & the special considerations when releasing them. Issues such as choice of medical treatment, & the authority of the family & physician in deciding on treatment or refusal of treatment, are covered thoughtfully & concisely. Finally, the reader is apprised of the legal dilemmas & concerns pertaining to current issues such as abortion, sterilization, in vitro fertilization, & surrogacy.