Medical Malpractice And Negligence Cases

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The Preparation and Trial of Medical Malpractice Cases

Author : Richard E. Shandell
Publisher : Law Journal Press
ISBN 13 : 9781588520081
Total Pages : 696 pages
Book Rating : 4.5/5 (2 download)

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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.

Medical Negligence during the COVID-19 Pandemic Outbreak is a Paramount Dispute of Healthcare System

Author : Nasima Talukder Monmoon
Publisher : GRIN Verlag
ISBN 13 : 3346263002
Total Pages : 62 pages
Book Rating : 4.3/5 (462 download)

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Book Synopsis Medical Negligence during the COVID-19 Pandemic Outbreak is a Paramount Dispute of Healthcare System by : Nasima Talukder Monmoon

Download or read book Medical Negligence during the COVID-19 Pandemic Outbreak is a Paramount Dispute of Healthcare System written by Nasima Talukder Monmoon and published by GRIN Verlag. This book was released on 2020-10-06 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2020 in the subject Law - Miscellaneous, grade: A +, , language: English, abstract: The contemporary COVID-19 pandemic brings life and death exceedingly closer. The precariousness of carrying contamination of coronavirus and survive is still an exposure of jeopardy due to delay of trial of vaccine. Every life is most precious and not a single life could drop out for medical negligence. Each of the death caused due to medical malpractice must be trialled under the existing legislation although the pandemic situation demands for legislative reform. Any unnatural death due to medical malpractice should keep apart from trial and it is the parameter of human rights standard of a society. The UK doctors are pleading for indemnity for the medical malpractices occurred during the pandemic, the doctors of Bangladesh has no headache in this regards due to weakness of legal framework. Finding explored that the trend of ignoring the medical malpractice cases by the regularity bodies of medical professionals and absence of scope for lower judiciary to handle medical negligence cases have generated severe threats of violence on medical professionals and feeble death of doctor by the disappointed patient parties. Grounded with a qualitative research method, this study focused a new array of recommendation that enrich the law legends with action plan to reform legal framework and incorporate new tort liability into practice.

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:

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.

Arzthaftungsrecht

Author : Dieter Giesen
Publisher :
ISBN 13 :
Total Pages : 576 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Arzthaftungsrecht by : Dieter Giesen

Download or read book Arzthaftungsrecht written by Dieter Giesen and published by . This book was released on 1981 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Preparing and Winning Medical Negligence Cases

Author : Cyril H. Wecht
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578232384
Total Pages : 119 pages
Book Rating : 4.5/5 (782 download)

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Book Synopsis Preparing and Winning Medical Negligence Cases by : Cyril H. Wecht

Download or read book Preparing and Winning Medical Negligence Cases written by Cyril H. Wecht and published by Juris Publishing, Inc.. This book was released on 2009-04-01 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preparing and Winning Medical Negligence Cases - Third Edition has been prepared by prominent, experienced medical specialists, all of whom have had much professional involvement and interest in legal medicine for many years, many of whom have JD as well as MD degrees. Therefore, while the chapters present a wealth of solid information for a variety of medical specialists, they are primarily designed to address important issues that are undoubtedly of great value to both plaintiff and defense trial attorneys, as well as health care professionals, and hospital administrative personnel regarding medical malpractice cases. Preparing and Winning Medical Negligence Cases provides extensive information for lawyers regarding medical malpractice suits from both a legal and medical perspectives. It makes complex topics such as anatomy, physiology and pathology of various organ systems and the clinical diagnoses rendered by medical specialists accessible to lawyers bringing or defending medical malpractice cases. The knowledge and experience contained in this work will provide invaluable information for attorneys in both the pretrial preparation and actual trial of medical negligence cases. Preparing and Winning Medical Negligence Cases brings together the combined knowledge and experience of outstanding medical-legal teachers and writers for the purpose of educating attorneys about the difficult, variegated, and controversial subject of medical malpractice. It is difficult, if not impossible, to think of a legal area that has been the subject of as much oral and written commentary in the past twenty years as medical malpractice. Unfortunately, many of these speeches, publications, and special programs have generated far more heat than light on this complex and controversial topic. As a result, confusion and misunderstanding have precipitated hostility among a great majority of physicians toward lawyers, particularly plaintiffs' trial attorneys. Addressing this issue, this volume was prepared by prominent, experienced medical specialists, all of whom have had much involvement and interest in legal medicine for many years. Therefore, although the chapters are substantive, solid reviews from the perspective of medical specialists, they also are geared to address important issues encountered at the interface of law and medicine.

Avoiding Medical Malpractice

Author : William Choctaw
Publisher : Springer Science & Business Media
ISBN 13 : 0387730648
Total Pages : 107 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 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.

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.

Medical Malpractice and Negligence Cases --

Author : Carl O. Haven
Publisher :
ISBN 13 :
Total Pages : 130 pages
Book Rating : 4.:/5 (181 download)

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Book Synopsis Medical Malpractice and Negligence Cases -- by : Carl O. Haven

Download or read book Medical Malpractice and Negligence Cases -- written by Carl O. Haven and published by . This book was released on 1976 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Medical Malpractice

Author : Richard E. Anderson
Publisher : Springer Science & Business Media
ISBN 13 : 1592598455
Total Pages : 307 pages
Book Rating : 4.5/5 (925 download)

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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.

Medical Care Law

Author : Edward P. Richards
Publisher : Jones & Bartlett Learning
ISBN 13 : 9780834216037
Total Pages : 538 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis Medical Care Law by : Edward P. Richards

Download or read book Medical Care Law written by Edward P. Richards and published by Jones & Bartlett Learning. This book was released on 1999 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal reference for practicing physicians is a necessary adjunct to their professional practice library in today's highly regulated and litigious world. Medical Care Law was written to help practicing physicians avoid legal conflicts, and to prevent legal problems rather than treat them. Written with the practicing physician in mind, this book is also valuable to a variety of health professionals, including physician executives, medical directors, nurse administrators, advanced practice nurses, case managers, risk managers, legal nurse consultants, health care administrators, public health professionals, and attorneys. In addition To The traditional legal issues affecting medical practitioners, Medical Care Law addresses the legal pitfalls in today's volatile health care landscape, including managed care, health care fraud and abuse, compliance plans, and working with non-physician providers.

The Medical Malpractice Myth

Author : Tom Baker
Publisher : ReadHowYouWant.com
ISBN 13 : 1459615654
Total Pages : 386 pages
Book Rating : 4.4/5 (596 download)

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Book Synopsis The Medical Malpractice Myth by : Tom Baker

Download or read book The Medical Malpractice Myth written by Tom Baker and published by ReadHowYouWant.com. This book was released on 2011-03 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, direct...

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:

Medical Malpractice and the American Jury

Author : Neil Vidmar
Publisher : University of Michigan Press
ISBN 13 : 9780472084791
Total Pages : 334 pages
Book Rating : 4.0/5 (847 download)

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Book Synopsis Medical Malpractice and the American Jury by : Neil Vidmar

Download or read book Medical Malpractice and the American Jury written by Neil Vidmar and published by University of Michigan Press. This book was released on 1997-07-15 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Returns the verdict on the performance of medical malpractice juries

Why Patients Sue Doctors

Author : Duncan Graham
Publisher : Elsevier Health Sciences
ISBN 13 : 0729588491
Total Pages : 293 pages
Book Rating : 4.7/5 (295 download)

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Book Synopsis Why Patients Sue Doctors by : Duncan Graham

Download or read book Why Patients Sue Doctors written by Duncan Graham and published by Elsevier Health Sciences. This book was released on 2020-04-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Why Patients Sue Doctors 2e the authors draw on their wide-ranging, collective experience in over 1000 real-life medicolegal cases to explore why and how doctors make mistakes. By analysing and discussing the situations and behaviours that lead to complaints by patients and their families, this book provides clear and practical direction for practitioners to improve clinical care and avoid litigation. Written in a concise and engaging narrative writing style by editors Duncan Graham, Bernard Kelly and David Richards, readers will obtain a broad understanding of the origins, workings and outcomes of medicolegal cases and will be equipped with practical strategies to improve clinical care and avoid common pitfalls in practice. The text also introduces important legal concepts in an approachable manner appropriate for those working in medicine. - Detailed examination of real-life medicolegal cases to facilitate understanding and application to clinical practice - Logical and consistent organisation of cases in regional order of medical complaint, from head to toe - Practical advice on how to improve clinical care and avoid litigation - Easy-to-read and engaging narrative style of writing effectively communicates key takeaways for readers - Suitable introduction to legal concepts for medical students and professionals - Respected author team experienced in medicolegal and medical malpractice cases - Enhanced eBook version included with purchase

Medical Liability and Treatment Relationships

Author : Mark A. Hall
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 647 pages
Book Rating : 4.8/5 (89 download)

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Book Synopsis Medical Liability and Treatment Relationships by : Mark A. Hall

Download or read book Medical Liability and Treatment Relationships written by Mark A. Hall and published by Aspen Publishing. This book was released on 2024-09-15 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical Liability and Treatment Relationships, Fifth Edition is the only current casebook devoted to medical liability, including medical malpractice. This book is based on Part I, “The Provider and the Patient,” from Health Care Law and Ethics, Tenth Edition, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health and financial and ethical issues, this casebook uses compelling case law, clear notes, and comprehensive background information to illuminate the complex and dynamic field of health care law. New to the Fifth Edition: New author: Nadia N. Sawicki Substantial updates to the medical malpractice chapter Challenges posed by artificial intelligence in medicine Benefits for instructors and students: Comprehensive yet concise, this casebook covers all aspects of medical liability and the treatment relationships between patient and provider. Includes cases and materials on Medical Malpractice not found in the parent book, including: Financial considerations in treatment decisions Constitutionality of damage caps Cases and notes about special discovery rules, such as prohibiting ex parte contacts with treating physicians ERISA preemption of managed care liability Additional discussion problems Integrates public policy and ethics issues from a relational perspective. Clear notes provide smooth transitions between cases and background information.