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Professional Malpractice
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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.
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. ,
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:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Legal Malpractice Law by : Vincent Johnson
Download or read book Legal Malpractice Law written by Vincent Johnson and published by West Academic Publishing. This book was released on 2021-08-11 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Malpractice Law is a practical, problem-oriented text designed for use in elective courses on Legal Malpractice, Professional Liability, or Advanced Legal Ethics. It may also be used in required Professional Responsibility courses that want to focus more on malpractice liability than on lawyer discipline. Each chapter includes explanatory text that relies on recent cases, code provisions, statutes, and commentary. A small number of tightly edited principal cases offer insight into the current state of legal malpractice law. The problems, including many that are based on actual controversies, deal with liability concerns that practitioners encounter. The book examines claims brought by clients and non-clients. It also integrates malpractice prevention lessons. Relevant ethics rules are discussed.
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 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 Risk Management in Social Work by : Frederic G. Reamer
Download or read book Risk Management in Social Work written by Frederic G. Reamer and published by Columbia University Press. This book was released on 2014-11-25 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new text is based on Frederic G. Reamer's key reference for practitioners, Social Work Malpractice and Liability: Strategies for Prevention. Rooted in his own experiences as an expert witness in court and licensing board cases, the volume introduces the concepts of negligence, malpractice, and liability before turning to the subject of risk management. Reflecting on recent legal cases and research, Reamer identifies a variety of problems in the social work field relating to privacy and confidentiality, improper treatment and delivery of services, impaired practitioners, supervision, consultations and referrals, fraud and deception, and termination of service. He also explores the unprecedented ethical challenges created by new digital technologies—such as online counseling, video counseling, and practitioners' use of social networks and social media—and describes current issues relating to HIPAA compliance and access to electronic health records (EHR) and health information exchanges (HIE).He concludes with practical suggestions for social workers named as defendants in lawsuits and respondents in licensing board complaints.
Book Synopsis Defending Medical Malpractice Claims by :
Download or read book Defending Medical Malpractice Claims written by and published by Aspatore Books. This book was released on 2012 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defending Medical Malpractice Claims provides an authoritative, insiders perspective on developing an effective medical malpractice defense. Featuring partners from law firms across the nation, these experts guide the reader through the process of representing doctors and health care providers in medical malpractice cases. These top lawyers offer advice on navigating the discovery process, selecting good experts, demonstrating the client acted appropriately, and helping clients avoid future medical malpractice claims. Additionally, these attorneys discuss legal protections for doctors and health care providers, common types and targets of lawsuits, and the increasing role of technology in this area of law. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-evolving field.
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.
Book Synopsis Florida Legal Malpractice Law by : Warren R. Trazenfeld
Download or read book Florida Legal Malpractice Law written by Warren R. Trazenfeld and published by Full Court Press. This book was released on 2019-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medical Malpractice in Nineteenth-century America by : Kenneth De Ville
Download or read book Medical Malpractice in Nineteenth-century America written by Kenneth De Ville and published by NYU Press. This book was released on 1992-04 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: It was in the 1840s that Americans first began to sue physicians on a wide scale. The unprecedented wave of litigation that began in this decade disrupted professional relations, injured individual reputations, and burdened physicians with legal fees and damage awards. De Ville's account discusses this outbreak of malpractice litigation with the use of anecdotes.
Book Synopsis The Health Care Provider's Guide to Facing the Malpractice Deposition by : M.D. Uribe
Download or read book The Health Care Provider's Guide to Facing the Malpractice Deposition written by M.D. Uribe and published by CRC Press. This book was released on 2017-08-09 with total page 150 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
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...
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.
Author :Timothy E. Paterick Publisher :American Association for Physician Leadership ISBN 13 :9780984831135 Total Pages :354 pages Book Rating :4.8/5 (311 download)
Book Synopsis Physicians and the Law: The Intersection of Medicine, Business, and Medical Malpractice by : Timothy E. Paterick
Download or read book Physicians and the Law: The Intersection of Medicine, Business, and Medical Malpractice written by Timothy E. Paterick and published by American Association for Physician Leadership. This book was released on 2021-11 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a toolkit for healthcare providers to confidently develop an in-depth understanding of how medicine, business, and law overlap and to gain the insights to feel empowered to make improved decisions.
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:
