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Expertise In Medical Malpractice Litigation
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Book Synopsis Power from Within by : Esq. Krompier, Jeffrey A.
Download or read book Power from Within written by Esq. Krompier, Jeffrey A. and published by Productivity Press. This book was released on 2021 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no end in sight to the frequency with which physicians, nursing professionals and other healthcare providers will become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation's chronic malpractice crisis, suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree. National legislative fact-finding committees and investigative bodies, which may be charged with the responsibility of pursuing a solution, likely will never achieve a global remedy. Although curtailed by some states, national legislation has not addressed baseless malpractice suites or grossly excessive monetary verdicts. Another approach exists, however. Health care providers can impact the existing system and influence the malpractice environments in a tangible, positive and powerful fashion. Although there will be debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant's perspective as a no-cause trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.
Book Synopsis Expertise in Medical Malpractice Litigation by : Catherine T. Struve
Download or read book Expertise in Medical Malpractice Litigation written by Catherine T. Struve and published by . This book was released on 2003 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Medical Malpractice by : Richard E. Anderson
Download or read book Medical Malpractice written by Richard E. Anderson and published by Springer Science & Business Media. This book was released on 2007-11-05 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Books such as this one are deceptively difficult to create. The general subject is neither happy, nor easy, nor most anyone’s idea of fun. M- practice litigation, however, has become a central fact of existence in the practice of medicine today. This tsunami of lawsuits has led to a high volume of irreconcilable rhetoric and ultimately threatens the stability of the entire health care system. Our goal has been to provide a source of reliable information on a subject of importance to all who provide me- cal care in the United States. The book is divided into four sections. Part I gives an overview of insurance in general and discusses the organization of professional - ability insurance companies in particular. Part II focuses on the litigation process itself with views from the defense and plaintiff bar, and the physician as both expert and defendant. Part III looks at malpractice litigation from the viewpoint of the practicing physician. Some of the chapters are broadly relevant to all doctors—the rise of e-medicine, and the importance of effective communication, for example. The other ch- ters are constructed around individual medical specialties, but discuss issues that are of potential interest to all. Part IV looks ahead. “The Case for Legal Reform” presents changes in medical-legal jurisprudence that can be of immediate benefit. The final two chapters take a broader perspective on aspects of our entire health care system and its interface with law and public policy.
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 107 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.
Book Synopsis The Role of Expert Witnesses in Medical Malpractice Cases by :
Download or read book The Role of Expert Witnesses in Medical Malpractice Cases written by and published by Thomson West. This book was released on 2009 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of Expert Witnesses in Medical Malpractice Cases is an authoritative, insiders perspective on the best practices for utilizing and building relationships with medical malpractice experts.
Book Synopsis Medical Malpractice Litigation in the 21st Century by : Nathaniel J. Friedman Esq
Download or read book Medical Malpractice Litigation in the 21st Century written by Nathaniel J. Friedman Esq and published by AuthorHouse. This book was released on 2012-07 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Lawyer's Guide to Successful Malpractice Litigation. In using this volume, keep in mind that it is a general view of what it is to be anticipated in prosecuting a medical malpractice case. However, no book is able to anticipate each situation and circumstance arising in the heat of battle. As such, use this book in conjunction with your own background, training and experience. Good luck! Nathaniel J. Friedman, Esq.
Book Synopsis Medical Malpractice by : Frank Mcclellan
Download or read book Medical Malpractice written by Frank Mcclellan and published by Temple University Press. This book was released on 2010-06-10 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: An experienced litigator lays out the essential issues.
Book Synopsis The Preparation and Trial of Medical Malpractice Cases by : Richard E. Shandell
Download or read book The Preparation and Trial of Medical Malpractice Cases written by Richard E. Shandell and published by Law Journal Press. This book was released on 2018-09-28 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Preparation and Trial of Medical Malpractice Cases treats a case as a continuous process, from interviewing the client to closing argument. It offers comprehensive coverage of the questions surrounding health maintenance organizations, including case law on the right to sue an HMO as well as its participating physicians. You'll find discussion of: how to recognize a meritorious case; the doctrine of alternative liability; the evidentiary value of FDA approval or non-approval; the continuing treatment doctri≠ state statutes regarding motion practice; malpractice liability of alternative medical practitioners; the admissibility of evidence comparing physicians' risk statistics to those of other physicians; use of expert testimony to establish res ipsa loquitur in negligence; the modified standard of proximate cause when a physician's negligence exacerbates a patient's existing condition; violation of the duty to disclose information; contributory negligence in informed consent; distinguishing between medical malpractice and ordinary negligence; liability of nurses; and more. Appendices demonstrate how to analyze a medical brief, depose and examine the defendant physician, and elicit testimony from your own expert witness. Also included are a sample Bill of Particulars, a sample jury charge and a list of Web sites to assist your medical research.
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.
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.
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.
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.
Book Synopsis Representing Plaintiffs in Medical Malpractice Cases by :
Download or read book Representing Plaintiffs in Medical Malpractice Cases written by and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing Plaintiffs in Medical Malpractice Cases provides an authoritative, insiders perspective on mounting an effective medical malpractice case. Featuring experienced partners from law firms across the nation, these experts guide the reader through the process of evaluating a claim and ultimately bringing it to trial. These top lawyers offer advice on working through the discovery process, selecting suitable experts, addressing the jury, demonstrating negligence, and proving the client suffered injury. Additionally, these experts discuss important legislation, common types of medical malpractice cases, and settlement options. 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-changing area of law.
Book Synopsis Medical Malpractice Expert Witnessing by : Perry Hookman
Download or read book Medical Malpractice Expert Witnessing written by Perry Hookman and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With increasing frequency, physicians are compelled to give effective and credible testimony in their own defense or someone else's yet they have no experience or education to prepare them. Medical Malpractice Expert Witness Testimony is precisely the tool they need. This book presents an in-depth discussion on how to prepare for deposition and trial, explains how to avoid common mistakes during cross-examination, and demonstrates how to respond to challenges to medical opinions. Examining how medical malpractice affects not only physicians but also nurses, allied health professionals, plaintiffs, jurors, and judges, the text also includes an accompanying CD-ROM with references and resources.
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.
Book Synopsis The Medical Malpractice Survival Handbook E-Book by : ACLM
Download or read book The Medical Malpractice Survival Handbook E-Book written by ACLM and published by Elsevier Health Sciences. This book was released on 2007-03-09 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
