A Practical Guide To Medical Malpractice Litigation

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Medical Malpractice Litigation

Author : Bernard S. Black
Publisher : Cato Institute
ISBN 13 : 194864780X
Total Pages : 337 pages
Book Rating : 4.9/5 (486 download)

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Book Synopsis Medical Malpractice Litigation by : Bernard S. Black

Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.

Avoiding Medical Malpractice

Author : William Choctaw
Publisher : Springer Science & Business Media
ISBN 13 : 0387730648
Total Pages : 106 pages
Book Rating : 4.3/5 (877 download)

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Book Synopsis Avoiding Medical Malpractice by : William Choctaw

Download or read book Avoiding Medical Malpractice written by William Choctaw and published by Springer Science & Business Media. This book was released on 2008-03-26 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

How to Survive a Medical Malpractice Lawsuit

Author : Ilene R. Brenner
Publisher : John Wiley & Sons
ISBN 13 : 1444331302
Total Pages : 181 pages
Book Rating : 4.4/5 (443 download)

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Book Synopsis How to Survive a Medical Malpractice Lawsuit by : Ilene R. Brenner

Download or read book How to Survive a Medical Malpractice Lawsuit written by Ilene R. Brenner and published by John Wiley & Sons. This book was released on 2010-05-10 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Winning Medical Malpractice Cases

Author : Patrick Malone
Publisher :
ISBN 13 : 9781941007693
Total Pages : pages
Book Rating : 4.0/5 (76 download)

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Book Synopsis Winning Medical Malpractice Cases by : Patrick Malone

Download or read book Winning Medical Malpractice Cases written by Patrick Malone and published by . This book was released on 2017-03-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Medical Malpractice: Understanding The Law, Managing The Risk

Author : Tan Siang-yong
Publisher : World Scientific Publishing Company
ISBN 13 : 9813106654
Total Pages : 364 pages
Book Rating : 4.8/5 (131 download)

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Book Synopsis Medical Malpractice: Understanding The Law, Managing The Risk by : Tan Siang-yong

Download or read book Medical Malpractice: Understanding The Law, Managing The Risk written by Tan Siang-yong and published by World Scientific Publishing Company. This book was released on 2006-01-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Practical Guide to Medical Negligence Litigation

Author : Michael Boylan
Publisher : Bloomsbury Publishing
ISBN 13 : 1784510599
Total Pages : 362 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis A Practical Guide to Medical Negligence Litigation by : Michael Boylan

Download or read book A Practical Guide to Medical Negligence Litigation written by Michael Boylan and published by Bloomsbury Publishing. This book was released on 2016-05-30 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Practical Guide to Medical Negligence Litigation covers the lifetime of a High Court medical negligence action from first contact with a client through to plenary hearing, settlement and mediation including inquests. This practical guide to procedural steps that must be taken cites all relevant case law and statutes including the Rules of the Superior Courts, the Civil Liability and Courts Acts 2004, the various statutory instruments and Coroners Act.

When Good Doctors Get Sued

Author : Angela M. Dodge
Publisher :
ISBN 13 : 9781581510911
Total Pages : 0 pages
Book Rating : 4.5/5 (19 download)

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Book Synopsis When Good Doctors Get Sued by : Angela M. Dodge

Download or read book When Good Doctors Get Sued written by Angela M. Dodge and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malpractice lawsuits are a reality of medical life. But most physicians are poorly equipped to face the adversarial challenges of the legal arena. When Good Doctors Get Sued is a practical and indispensable guide that focuses on the most important step in a malpractice lawsuit?giving testimony about patient care. Because they have prepared thousands of doctors for deposition and trial, the authors provide practical advice, proven techniques, and valuable insights that should be part of every practicing professional's education.When Good Doctors Get Sued prepares health care professionals to be better witnesses at deposition, or on the witness stand, by focusing on important topics, such as how to: ? Listen carefully for question traps and tricks? "Diagnose" the intent of cross-exam questions? Give more effective and succinct answers? Maintain confidence and control? Make a positive impact on jurors? Cope with litigation stress and its impact on work and familyPacked with helpful dos and don'ts, scores of question-answer examples and ideas for coping with anxiety, this book helps prevent self-damaging testimony and boosts physician confidence in an arena where not only what you say, but how you say it is critical. A summary "pocket guide" makes this a quick and easy read for even the busiest physician. Insurers will find insightful ideas for loss prevention; it's a "must-have" for students of medicine and defense law.

Pathology and Law

Author : Gregory Davis
Publisher : Springer Science & Business Media
ISBN 13 : 0387218181
Total Pages : 1200 pages
Book Rating : 4.3/5 (872 download)

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Book Synopsis Pathology and Law by : Gregory Davis

Download or read book Pathology and Law written by Gregory Davis and published by Springer Science & Business Media. This book was released on 2012-11-03 with total page 1200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost all pathologists face legal issues when dealing with the specimens they work with on a day-to-day basis, whether it involves quality control and assurance in handling the specimens, facing the possibility of malpractice suits, or serving as an expert witness in a trial. Written in an easy to read, conversational tone, with a dose of good humor, this book fills the need for a handbook that discusses the full spectrum of legal issues that many pathologists face, written from a pathologist's point of view. Organized in 12 user-friendly chapters, the book begins with a comparison of Law and Medicine and explains the basics of the American Legal System. It continues with discussions of the impact of law on the practice of pathology, including such topics as specimens with potential legal implications, the controversy of saving organs for teaching, procuring and saving specimens for toxicology testing and DNA confirmation in identity testing. A must-have section on malpractice suits covers reasons why patients sue, what to do if sued, and reducing the chance of being sued. The author addresses expert witness testimony, including how to be an expert witness, conflicts of interest, conduct in a courtroom, what to say and what not to say. Quality control and assurance as it applies to the pathologist is also discussed. Legal implications for the information age, including the use of internet and e-mail with regard to patient confidentiality is discussed in detail. Case samples are scattered throughout the text to illustrate the principles discussed. Every term is defined in the glossary.

Business Torts

Author : Bradley P. Nelson
Publisher : American Bar Association
ISBN 13 : 9781627226127
Total Pages : 0 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Business Torts by : Bradley P. Nelson

Download or read book Business Torts written by Bradley P. Nelson and published by American Bar Association. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a "how to" book on litigating a business torts case. While there are many aspects of litigating and trying business torts cases that distinguish them from other types of cases (personal injury, medical malpractice, or IP, for example), there are no "start-to-finish" guidebooks offering practical litigation advice unique to these cases.

The Health Care Provider's Guide to Facing the Malpractice Deposition

Author : Constance G. Uribe M.D.
Publisher : CRC Press
ISBN 13 : 1420074482
Total Pages : 160 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Health Care Provider's Guide to Facing the Malpractice Deposition by : Constance G. Uribe M.D.

Download or read book The Health Care Provider's Guide to Facing the Malpractice Deposition written by Constance G. Uribe M.D. and published by CRC Press. This book was released on 2017-08-09 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: An anesthesiologist chips a patient's tooth during a difficult intubation. A surgeon leaves tiny abrasions on a patient's abdomen during a delicate surgical procedure. And an operating room nurse accidentally nips a patient's finger with a pair of scissors.Not all of these examples of medical mistakes will result in malpractice suits. But for the o

Adverse Events, Stress, and Litigation

Author : Sara C. Charles M.D.
Publisher : Oxford University Press
ISBN 13 : 019029132X
Total Pages : 288 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Adverse Events, Stress, and Litigation by : Sara C. Charles M.D.

Download or read book Adverse Events, Stress, and Litigation written by Sara C. Charles M.D. and published by Oxford University Press. This book was released on 2005-04-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Practical Guide to Preventing Legal Malpractice

Author : Duke Nordlinger Stern
Publisher : McGraw-Hill Companies
ISBN 13 :
Total Pages : 456 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Practical Guide to Preventing Legal Malpractice by : Duke Nordlinger Stern

Download or read book A Practical Guide to Preventing Legal Malpractice written by Duke Nordlinger Stern and published by McGraw-Hill Companies. This book was released on 1983 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Measure of Malpractice

Author : Paul C. Weiler
Publisher : Harvard University Press
ISBN 13 : 9780674558809
Total Pages : 202 pages
Book Rating : 4.5/5 (588 download)

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Book Synopsis A Measure of Malpractice by : Paul C. Weiler

Download or read book A Measure of Malpractice written by Paul C. Weiler and published by Harvard University Press. This book was released on 1993 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Medical Malpractice Handbook

Author : Bruce Livingston
Publisher : Austin & Winfield Publishers
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Medical Malpractice Handbook by : Bruce Livingston

Download or read book The Medical Malpractice Handbook written by Bruce Livingston and published by Austin & Winfield Publishers. This book was released on 1995 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

When Good Doctors Get Sued

Author : Angela M. Dodge
Publisher :
ISBN 13 : 9780977751112
Total Pages : 175 pages
Book Rating : 4.7/5 (511 download)

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Book Synopsis When Good Doctors Get Sued by : Angela M. Dodge

Download or read book When Good Doctors Get Sued written by Angela M. Dodge and published by . This book was released on 2015-02-15 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Medical Malpractice Trial

Author : Michael Koskoff
Publisher :
ISBN 13 : 9781941007853
Total Pages : pages
Book Rating : 4.0/5 (78 download)

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Book Synopsis The Medical Malpractice Trial by : Michael Koskoff

Download or read book The Medical Malpractice Trial written by Michael Koskoff and published by . This book was released on 2019-03-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Jersey Medical Malpractice Law 2020

Author : Jonathan H. Lomurro
Publisher : New Jersey Law Journal
ISBN 13 : 9781628816167
Total Pages : 1300 pages
Book Rating : 4.8/5 (161 download)

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Book Synopsis New Jersey Medical Malpractice Law 2020 by : Jonathan H. Lomurro

Download or read book New Jersey Medical Malpractice Law 2020 written by Jonathan H. Lomurro and published by New Jersey Law Journal. This book was released on 2019-06-28 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. ,