New York Medical Malpractice

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New Jersey Medical Malpractice Law 2020

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

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. ,

A Measure of Malpractice

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

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.

Medical Malpractice on Trial

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Author : Paul C. Weiler
Publisher : Harvard University Press
ISBN 13 : 9780674561205
Total Pages : 268 pages
Book Rating : 4.5/5 (612 download)

Book Synopsis Medical Malpractice on Trial by : Paul C. Weiler

Download or read book Medical Malpractice on Trial written by Paul C. Weiler and published by Harvard University Press. This book was released on 1991 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical malpractice has been at the center of recurring tort crises for the last quarter-century. In 1960, expenditures on medical liability insurance in the United States amounted to about $60 million. In 1988, the figure topped $7 billion. Physicians have responded not simply with expensive methods of "defensive medicine" but also with successful pressure upon state legislatures to cut back on the tort rights of seriously injured patients. Various reforms have been proposed to deal with the successive crises, but so far none have proved to be effective and fair. In this landmark book, Paul Weiler argues for a two-part approach to the medical malpractice crisis. First, he proposes a thorough revision of the current tort liability regime, which would concentrate available resources on meeting actual financial losses of seriously injured victims. It would also shift the focus of tort liability from the individual doctor to the hospital or other health care organization. This would elicit more effective quality assurance programs from the institutions that are in the best position to reduce our current unacceptable rate of physician-induced injuries. But in states such as New York, Florida, and Illinois, where the current situation seems to have gone beyond the help of even drastic tort reform, the preferred solution is a no-fault system. Weiler shows how such a system would provide more equitable compensation, more effective prevention, and more economical administration than any practical alternative.

Arzthaftungsrecht

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

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:

The Medical Malpractice Myth

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

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 Preparation and Trial of Medical Malpractice Cases

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

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.

Winning Medical Malpractice Cases

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

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:

O'Connor's Texas Rules, Civil Trials

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Author : Michol O'Connor
Publisher :
ISBN 13 : 9781884554766
Total Pages : 1078 pages
Book Rating : 4.5/5 (547 download)

Book Synopsis O'Connor's Texas Rules, Civil Trials by : Michol O'Connor

Download or read book O'Connor's Texas Rules, Civil Trials written by Michol O'Connor and published by . This book was released on 2004 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lethal Medicine

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Author : Harvey F. Wachsman
Publisher : Henry Holt and Company
ISBN 13 : 146689170X
Total Pages : 275 pages
Book Rating : 4.4/5 (668 download)

Book Synopsis Lethal Medicine by : Harvey F. Wachsman

Download or read book Lethal Medicine written by Harvey F. Wachsman and published by Henry Holt and Company. This book was released on 2015-03-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: With America's health-care system in the midst of upheaval, and with government officials, physicians, and the public-at-large focused as never before on the cost and quality of these vital services, a hidden epidemic--medical malpractice--destroys hundreds of thousands of lives each year and is ignored by the majority of the medical establishment. Lethal Medicine is the first book to thoroughly examine malpractice, and its author, Harvey F. Wachsman, M.D., J.D., as both a respected neurosurgeon and the leading attorney in the field, is uniquely qualified to critique this problem from every angle. Using numerous case histories and authoritative data from university and government studies, Wachsman explodes the common myths that doctors are spending millions of dollars on "defensive medicine" and that the high cost of malpractice insurance is driving many doctors out of their practices. In fact, he argues that most malpractice cases actually do result from egregious abuses by doctors. Reviewing the latest court rulings and malpractice policies, Wachsman calls for the lgal community, government, and medical establishment to protect the public from the thousands of physicians who continue to practice irresponsible medicine without penalty. As Washington makes health care one of its highest priorities and the nation turns its attention to the issue, Lethal Medicine is a thoughtful yet urgent cry for reform by the nation's foremost expert on the topic.

Defensive Medicine and Medical Malpractice

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Author :
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)

Book Synopsis Defensive Medicine and Medical Malpractice by :

Download or read book Defensive Medicine and Medical Malpractice written by and published by . This book was released on 1994 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Impact of Medical Errors and Malpractice on Health Economics, Quality, and Patient Safety

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Author : Riga, Marina
Publisher : IGI Global
ISBN 13 : 1522523383
Total Pages : 346 pages
Book Rating : 4.5/5 (225 download)

Book Synopsis Impact of Medical Errors and Malpractice on Health Economics, Quality, and Patient Safety by : Riga, Marina

Download or read book Impact of Medical Errors and Malpractice on Health Economics, Quality, and Patient Safety written by Riga, Marina and published by IGI Global. This book was released on 2017-01-30 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precise and flawless medical practice is imperative due to the delicate nature of patient lives and health. Without methods and technologies to detect medical mistakes, many lives would be compromised. Impact of Medical Errors and Malpractice on Health Economics, Quality, and Patient Safety is an essential reference source for the latest research on the detection and analysis of the various implications of medical errors and addresses the hidden malpractices that exist in healthcare systems globally. Featuring extensive coverage on a broad range of topics such as clinical pathways, decision-making techniques, and health information technology, this book is ideally designed for practitioners, professionals, and researchers seeking current research on various issues in healthcare provision.

Making Healthcare Safe

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Author : Lucian L. Leape
Publisher : Springer Nature
ISBN 13 : 3030711234
Total Pages : 450 pages
Book Rating : 4.0/5 (37 download)

Book Synopsis Making Healthcare Safe by : Lucian L. Leape

Download or read book Making Healthcare Safe written by Lucian L. Leape and published by Springer Nature. This book was released on 2021-05-28 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and engaging open access title provides a compelling and ground-breaking account of the patient safety movement in the United States, told from the perspective of one of its most prominent leaders, and arguably the movement’s founder, Lucian L. Leape, MD. Covering the growth of the field from the late 1980s to 2015, Dr. Leape details the developments, actors, organizations, research, and policy-making activities that marked the evolution and major advances of patient safety in this time span. In addition, and perhaps most importantly, this book not only comprehensively details how and why human and systems errors too often occur in the process of providing health care, it also promotes an in-depth understanding of the principles and practices of patient safety, including how they were influenced by today’s modern safety sciences and systems theory and design. Indeed, the book emphasizes how the growing awareness of systems-design thinking and the self-education and commitment to improving patient safety, by not only Dr. Leape but a wide range of other clinicians and health executives from both the private and public sectors, all converged to drive forward the patient safety movement in the US. Making Healthcare Safe is divided into four parts: I. In the Beginning describes the research and theory that defined patient safety and the early initiatives to enhance it. II. Institutional Responses tells the stories of the efforts of the major organizations that began to apply the new concepts and make patient safety a reality. Most of these stories have not been previously told, so this account becomes their histories as well. III. Getting to Work provides in-depth analyses of four key issues that cut across disciplinary lines impacting patient safety which required special attention. IV. Creating a Culture of Safety looks to the future, marshalling the best thinking about what it will take to achieve the safe care we all deserve. Captivatingly written with an “insider’s” tone and a major contribution to the clinical literature, this title will be of immense value to health care professionals, to students in a range of academic disciplines, to medical trainees, to health administrators, to policymakers and even to lay readers with an interest in patient safety and in the critical quest to create safe care.

Improving Diagnosis in Health Care

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Author : National Academies of Sciences, Engineering, and Medicine
Publisher : National Academies Press
ISBN 13 : 0309377722
Total Pages : 473 pages
Book Rating : 4.3/5 (93 download)

Book Synopsis Improving Diagnosis in Health Care by : National Academies of Sciences, Engineering, and Medicine

Download or read book Improving Diagnosis in Health Care written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2015-12-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Getting the right diagnosis is a key aspect of health care - it provides an explanation of a patient's health problem and informs subsequent health care decisions. The diagnostic process is a complex, collaborative activity that involves clinical reasoning and information gathering to determine a patient's health problem. According to Improving Diagnosis in Health Care, diagnostic errors-inaccurate or delayed diagnoses-persist throughout all settings of care and continue to harm an unacceptable number of patients. It is likely that most people will experience at least one diagnostic error in their lifetime, sometimes with devastating consequences. Diagnostic errors may cause harm to patients by preventing or delaying appropriate treatment, providing unnecessary or harmful treatment, or resulting in psychological or financial repercussions. The committee concluded that improving the diagnostic process is not only possible, but also represents a moral, professional, and public health imperative. Improving Diagnosis in Health Care, a continuation of the landmark Institute of Medicine reports To Err Is Human (2000) and Crossing the Quality Chasm (2001), finds that diagnosis-and, in particular, the occurrence of diagnostic errorsâ€"has been largely unappreciated in efforts to improve the quality and safety of health care. Without a dedicated focus on improving diagnosis, diagnostic errors will likely worsen as the delivery of health care and the diagnostic process continue to increase in complexity. Just as the diagnostic process is a collaborative activity, improving diagnosis will require collaboration and a widespread commitment to change among health care professionals, health care organizations, patients and their families, researchers, and policy makers. The recommendations of Improving Diagnosis in Health Care contribute to the growing momentum for change in this crucial area of health care quality and safety.

Medical Malpractice

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Author : Frank A. Sloan
Publisher : National Geographic Books
ISBN 13 : 0262515164
Total Pages : 0 pages
Book Rating : 4.2/5 (625 download)

Book Synopsis Medical Malpractice by : Frank A. Sloan

Download or read book Medical Malpractice written by Frank A. Sloan and published by National Geographic Books. This book was released on 2010-08-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of medical malpractice from legal, medical, economic, and insurance perspectives that considers why past efforts at reform have not worked and offers recommendations for realistic, achievable policy changes. Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes—legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.

Library of California Medical Malpractice Forms

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Author : Jeffrey S. Mitchell
Publisher : Recorder
ISBN 13 : 9781576255957
Total Pages : 0 pages
Book Rating : 4.2/5 (559 download)

Book Synopsis Library of California Medical Malpractice Forms by : Jeffrey S. Mitchell

Download or read book Library of California Medical Malpractice Forms written by Jeffrey S. Mitchell and published by Recorder. This book was released on 2013-10-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Library of California Medical Malpractice Law Forms addresses 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.

Secrets of a New York Medical Malpractice & Personal Injury Attorney

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Author :
Publisher : Word Association Publishers
ISBN 13 : 1595714405
Total Pages : 326 pages
Book Rating : 4.5/5 (957 download)

Book Synopsis Secrets of a New York Medical Malpractice & Personal Injury Attorney by :

Download or read book Secrets of a New York Medical Malpractice & Personal Injury Attorney written by and published by Word Association Publishers. This book was released on with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Representing the Personal Injury Plaintiff in New York, 2020-21

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Author : Patrick J. Higgins
Publisher :
ISBN 13 : 9781579690212
Total Pages : pages
Book Rating : 4.6/5 (92 download)

Book Synopsis Representing the Personal Injury Plaintiff in New York, 2020-21 by : Patrick J. Higgins

Download or read book Representing the Personal Injury Plaintiff in New York, 2020-21 written by Patrick J. Higgins and published by . This book was released on 2020-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This practice guide provides the practitioner with a good starting point in handling personal injury matters by addressing the many facets of plaintiff's personal injury practice.