Medical Malpractice Litigation

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

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Book Synopsis Medical Malpractice Litigation by : Bernard S. Black

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

Texas Medical Malpractice Defense

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Publisher :
ISBN 13 : 9780615423104
Total Pages : 241 pages
Book Rating : 4.4/5 (231 download)

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Book Synopsis Texas Medical Malpractice Defense by : Edward John Kroger

Download or read book Texas Medical Malpractice Defense written by Edward John Kroger and published by . This book was released on 2010-10-20 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Texas Medical Malpractice Defense is intended as a practical guide for risk managers, general counsel, insurance adjusters and health care providers wanting to familiarize themselves with the defense of a health care claim in Texas. The book reviews every step of litigation, from evaluating the initial incident, developing the defense and assessing exposure, through trial and post-trial motions. Each of the 72 focused chapters contains a summary of statutory law, key cases and practical pointers.

New Jersey Medical Malpractice Law 2020

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

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

Download or read book New Jersey Medical Malpractice Law 2020 written by Jonathan H. Lomurro and published by New Jersey Law Journal. This book was released on 2019-06-28 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Jersey Medical Malpractice Law provides a comprehensive, reader-friendly guide for all medical malpractice practitioners. Discretely focused subheadings allow users to precisely pinpoint relevant discussions, and footnotes highlight helpful resources and explanations. The chapters address issues as they commonly arise through the litigation process--from considering the elements of a malpractice cause of action, through investigating and preparing a case, to managing trial issues. Chapters are organized to address the issues as they commonly arise for the practicing attorney through the litigation process, from evaluation of potential claims and consideration of the elements of a malpractice cause of action, through pretrial investigation and case preparation, and finally, to the trial. Footnotes provide helpful explanatory information and resources, and add to the ease of finding answers quickly. Descriptive and discretely focused subheadings allow the reader to pinpoint precisely the discussion most relevant to his or her concerns. Practice pointers appear at the end of each chapter to aid in navigating complex medical malpractice cases. Chapters 1 and 2 discuss the first essential component of medical malpractice causes of action, the breach of a health care provider's duty of care or failure to obtain informed consent. Chapter 3 addresses related but distinct causes of action such as assault and battery, fraud, breach of contract, medical records alteration or destruction and sexual misconduct. Chapters 4 and 5 discuss the second and third essential components of malpractice cases, causation, and damages. Chapter 4 has been revised to keep pace with the evolving complex case law governing proof of proximate causation in cases involving pre-existing injuries, delayed cancer diagnoses and avoidable consequences. Chapter 5 discusses damages claims in general, and those particular to malpractice and wrongful death causes of action. Chapters 6 through 9 deal with issues related to pretrial proceedings and trial of malpractice cases, including pre-suit investigation of such claims. Chapter 7 has been revised to discuss the rapidly changing case law regarding the affidavit of merit, pretrial discovery, and presents an extremely thorough discussion of expert testimony, particularly as it evolves through the implementation of the New Jersey Medical Care Access and Responsibility and Patients First Act. These chapters also examine the pleadings, defenses including the statute of limitations, voir dire and jury charges specific to malpractice cases. Finally, Chapter 10 provides a thorough discussion of the federal and New Jersey statutes and regulations regarding electronic medical records. ,

The Medical Malpractice Myth

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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...

Defensive Medicine and Medical Malpractice

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

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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:

Medical Malpractice in Nineteenth-century America

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Publisher : NYU Press
ISBN 13 : 0814718485
Total Pages : 335 pages
Book Rating : 4.8/5 (147 download)

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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.

Federal Acquisition Regulation Desk Reference

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Publisher :
ISBN 13 : 9781731952059
Total Pages : 0 pages
Book Rating : 4.9/5 (52 download)

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Book Synopsis Federal Acquisition Regulation Desk Reference by : Steven N. Tomanelli

Download or read book Federal Acquisition Regulation Desk Reference written by Steven N. Tomanelli and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Advances in Patient Safety

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Publisher :
ISBN 13 :
Total Pages : 526 pages
Book Rating : 4.7/5 (54 download)

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Book Synopsis Advances in Patient Safety by : Kerm Henriksen

Download or read book Advances in Patient Safety written by Kerm Henriksen and published by . This book was released on 2005 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: v. 1. Research findings -- v. 2. Concepts and methodology -- v. 3. Implementation issues -- v. 4. Programs, tools and products.

Winning Medical Malpractice Cases

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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:

Library of California Medical Malpractice Forms

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Publisher : Recorder
ISBN 13 : 9781576255957
Total Pages : 0 pages
Book Rating : 4.2/5 (559 download)

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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.

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

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

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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.

Prenatal Care

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Publisher : National Academies Press
ISBN 13 : 0309038928
Total Pages : 265 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Prenatal Care by : Institute of Medicine

Download or read book Prenatal Care written by Institute of Medicine and published by National Academies Press. This book was released on 1988-02-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prenatal care programs have proven effective in improving birth outcomes and preventing low birthweight. Yet over one-fourth of all pregnant women in the United States do not begin prenatal care in the first 3 months of pregnancy, and for some groupsâ€"such as black teenagersâ€"participation in prenatal care is declining. To find out why, the authors studied 30 prenatal care programs and analyzed surveys of mothers who did not seek prenatal care. This new book reports their findings and offers specific recommendations for improving the nation's maternity system and increasing the use of prenatal care programs.

Medical Malpractice on Trial

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

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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.

When Lawyers Screw Up

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Publisher : University Press of Kansas
ISBN 13 : 0700625852
Total Pages : 248 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis When Lawyers Screw Up by : Herbert Kritzer

Download or read book When Lawyers Screw Up written by Herbert Kritzer and published by University Press of Kansas. This book was released on 2018-03-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unhappy clients bring thousands of legal malpractice claims every year, against mega law firms and solo practitioners, for simple errors or egregious misconduct, and for losses than can reach $100 million or more. This in an industry, legal services, generating nearly $300 billion a year in revenue and touching every facet of American society. Yet, scant if any scholarly attention has been paid to the questions and consequences of lawyers' professional liability. This book is the first to fully explore the mistakes lawyers sometimes make, the nature of these mistakes, the harm they do, and the significant disparities in outcomes for corporate and individual victims of lawyers' errors. A systematic, empirical study of legal malpractice, When Lawyers Screw Up employs both quantitative and qualitative methods to examine the frequency and nature of claims, the area of practice producing them, the amounts at stake, and the resolutions. The authors also use a range of data sources to study the frequency and outcomes of legal malpractice trials, whether bench or jury. Their comparison of legal malpractice cases involving the corporate and personal service sectors reveal the difficulties confronting claims coming from the personal sector—difficulties that often deny victims redress, even when they have suffered significant harm. When Lawyers Screw Up draws on a series of interviews to describe the practices of lawyers with expertise in handling legal malpractice claims, even as it notes how few such experts are available to prosecute these claims. In light of their findings, the authors suggest a range of reforms that would help victims of legal malpractice, particularly individuals and small businesses, in pursuing their claims.

Approaching Death

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Publisher : National Academies Press
ISBN 13 : 0309518253
Total Pages : 457 pages
Book Rating : 4.3/5 (95 download)

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Book Synopsis Approaching Death by : Committee on Care at the End of Life

Download or read book Approaching Death written by Committee on Care at the End of Life and published by National Academies Press. This book was released on 1997-10-30 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the end of life makes its inevitable appearance, people should be able to expect reliable, humane, and effective caregiving. Yet too many dying people suffer unnecessarily. While an "overtreated" dying is feared, untreated pain or emotional abandonment are equally frightening. Approaching Death reflects a wide-ranging effort to understand what we know about care at the end of life, what we have yet to learn, and what we know but do not adequately apply. It seeks to build understanding of what constitutes good care for the dying and offers recommendations to decisionmakers that address specific barriers to achieving good care. This volume offers a profile of when, where, and how Americans die. It examines the dimensions of caring at the end of life: Determining diagnosis and prognosis and communicating these to patient and family. Establishing clinical and personal goals. Matching physical, psychological, spiritual, and practical care strategies to the patient's values and circumstances. Approaching Death considers the dying experience in hospitals, nursing homes, and other settings and the role of interdisciplinary teams and managed care. It offers perspectives on quality measurement and improvement, the role of practice guidelines, cost concerns, and legal issues such as assisted suicide. The book proposes how health professionals can become better prepared to care well for those who are dying and to understand that these are not patients for whom "nothing can be done."

Legal Malpractice Law

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Publisher : West Academic Publishing
ISBN 13 : 9781647082857
Total Pages : 720 pages
Book Rating : 4.0/5 (828 download)

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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.

Lanier's Texas Personal Injury Forms 2017

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Publisher : Texas Lawyer
ISBN 13 : 9781628813036
Total Pages : 0 pages
Book Rating : 4.8/5 (13 download)

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Book Synopsis Lanier's Texas Personal Injury Forms 2017 by : Mark W. Lanier

Download or read book Lanier's Texas Personal Injury Forms 2017 written by Mark W. Lanier and published by Texas Lawyer. This book was released on 2017-04-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lanier's Texas Personal Injury Forms book, written by renowned personal injury attorney Mark Lanier of the Lanier Law Firm, will guide you through your entire PI case, soup to nuts. The chapters include: New Client/Initial Intake Pre-Litigation Personal Injury Protection (PIP) Benefits and Uninsured/Underinsured Motorist Petitions Pending Litigation Discovery Motions Arbitration and Mediation Trial Settlement and Post-trial