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Representing Plaintiffs In Medical Malpractice Cases
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Book Synopsis Representing Plaintiffs in Medical Malpractice Cases by :
Download or read book Representing Plaintiffs in Medical Malpractice Cases written by and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing Plaintiffs in Medical Malpractice Cases provides an authoritative, insiders perspective on mounting an effective medical malpractice case. Featuring experienced partners from law firms across the nation, these experts guide the reader through the process of evaluating a claim and ultimately bringing it to trial. These top lawyers offer advice on working through the discovery process, selecting suitable experts, addressing the jury, demonstrating negligence, and proving the client suffered injury. Additionally, these experts discuss important legislation, common types of medical malpractice cases, and settlement options. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this ever-changing area of law.
Book Synopsis 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:
Book Synopsis Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation by : Mohammad Hossein Rahmati
Download or read book Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation written by Mohammad Hossein Rahmati and published by . This book was released on 2017 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many physicians and tort reform advocates believe that most medical malpractice (“med mal”) claims are “frivolous”; they often rely on reports that only about 20% of claims result in a payout. Many physicians and reform advocates also believe that plaintiffs lawyers often sue every health provider with even a remote a connection to the patient. Plaintiffs' lawyers insist that they screen med mal cases carefully, and when they bring a claim, are selective in whom they sue. Can these perspectives be harmonized? We study this question using databases of every insured med mal claim closed in Illinois during 2000-2010 and in Indiana during 1980-2015; and semi-structured interviews with six plaintiffs' lawyers. We innovate by using defense costs to assess whether the plaintiffs' lawyers take a case seriously. We treat cases with under $5k in defense spending as “non-serious” cases, unless they have a payout over $25k. We find evidence that many “cases” are non-serious - they never involved filed lawsuits or if they did, the suits were soon dropped - indicating that screening is an ongoing process that does not end when a case is accepted. Observed success rates are sensitive to whether one counts “claims” (each defendant is a separate claim) or “cases” (one plaintiff versus one or more defendants), includes both pro se and represented cases, and includes all versus only serious cases. If we analyze cases instead of claims and limit to serious, represented cases, we find much higher success rates (43% in Illinois; 44% in Indiana). Success rates are higher still in cases brought solely against institutional defendants (58% in Illinois; 68% in Indiana). Plaintiffs' lawyers are also selective in the number of defendants they sue. In med mal cases involving only physicians and/or institutions, the mean number of defendants is 1.5 in Illinois and 1.8 in Indiana.Online Appendix can be found here:'http://ssrn.com/abstract=3010344' http://ssrn.com/abstract=3010344.
Book Synopsis Medical Malpractice Litigation in the 21st Century by : Nathaniel J. Friedman Esq
Download or read book Medical Malpractice Litigation in the 21st Century written by Nathaniel J. Friedman Esq and published by AuthorHouse. This book was released on 2012-07 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Lawyer's Guide to Successful Malpractice Litigation. In using this volume, keep in mind that it is a general view of what it is to be anticipated in prosecuting a medical malpractice case. However, no book is able to anticipate each situation and circumstance arising in the heat of battle. As such, use this book in conjunction with your own background, training and experience. Good luck! Nathaniel J. Friedman, Esq.
Book Synopsis 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.
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 Adverse Events, Stress, and Litigation by : Sara C. Charles M.D.
Download or read book Adverse Events, Stress, and Litigation written by Sara C. Charles M.D. and published by Oxford University Press. This book was released on 2005-04-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is it like to be sued for medical malpractice? Bad medical outcomes traumatize patients but they also traumatize physicians. The litigation that often follows is a profoundly human, rather than just a legal experience. Although every physician's case is different, this book shows how each case goes through the same judicial stages of complaint, discovery, depositions, motions, and delays that lead to trial, settlement, or being dropped. It also gives doctors an understanding of how lawyers think and work to help defendants. Written by a physician and a lawyer, the book provides unique insights - through real-life stories - into the personal experience of litigation as well as recommendations for dealing with each of the legal process. It also includes up-to-date reviews of HIPAA legislation, the controversial subject of disclosure, and recent developments in the law affecting medical practitioners. Only about thirty percent of plaintiffs win their cases against doctors, but the journey from bedside to witness stand tests both the personal character and the professional skills of those accused. This well-documented book will help doctors understand and navigate the legal system while honoring their own ideals and emerging changed but stronger from the experience.
Book Synopsis 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.
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 Avoiding Medical Malpractice by : William Choctaw
Download or read book Avoiding Medical Malpractice written by William Choctaw and published by Springer Science & Business Media. This book was released on 2008-03-26 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an MD/JD, this book offers a unique perspective on medical-legal issues surrounding daily clinical practice. It covers all the essentials and tells the inside secrets of how to avoid cases that cost the medical community millions each year. Readers will learn basic law and the ways laws are interpreted. In addition, the book focuses on the law-medicine-politics triangle and its effect on physicians, the impact of — and issues related to — diversity in medical malpractice, and other essential topics. Physicians who better understand malpractice laws are better clinical decision makers who feel more confident in their ability as doctors.
Book Synopsis Suing for Medical Malpractice by : Frank A. Sloan
Download or read book Suing for Medical Malpractice written by Frank A. Sloan and published by University of Chicago Press. This book was released on 1993-09-15 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical malpractice suits today can result in multi-million-dollar settlements, and a practicing physician can pay $100,000 or more annually for malpractice insurance. Some complain that lawyers and plaintiffs are overcompensated by exorbitant judgments that add to the rising cost of health care. But there has been very little evidence to show whether these arguments are true. In this timely work, six experts in health policy, law, and medicine study nearly 200 malpractice claims to show that, contrary to popular perceptions, victims of malpractice are not overcompensated and our legal system for dealing with malpractice claims is not defective. The authors survey claims filed in Florida between 1986 and 1989 by people who suffered permanent injury or death during birth or during treatment in an emergency room. How often did illegitimate claims result in financial awards? What was the relation between the injury and the amount the patient lost economically? How much did the plaintiffs actually recover? How did the claimants choose their lawyers and what kind of relationship did they have? Contrary to common perceptions, in the majority of cases the claims were merited, and the authors found that claimants were on average substantially undercompensated—only about one-fifth of plaintiffs recovered more than their economic loss caused by injury or death. The evidence in this book suggests that placing dollar limits on malpractice cases is unjustified and that our tort system is not so faulty after all.
Book Synopsis Medical Malpractice: Understanding The Law, Managing The Risk by : Tan Siang-yong
Download or read book Medical Malpractice: Understanding The Law, Managing The Risk written by Tan Siang-yong and published by World Scientific Publishing Company. This book was released on 2006-01-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is about the law of medical malpractice and how to prevent a malpractice lawsuit. It grew out of an earlier book covering medical negligence in Singapore. The book's primary goal is to provide a clear and simple explanation of the American law of medical malpractice, informed consent and risk management. Written with the clinician in mind, it is legally uncomplicated without being overly simplistic. The book is as much about medicine as it is about law; above all, it is about patients. It is written with the fervent belief that with better education, there will emerge a better appreciation of the expectations of the patient — often unmet — and the standards of the legal system — often misunderstood. Fewer lawsuits and improved patient care will hopefully follow.The book is in five sections. The first covers the law of malpractice and informed consent while the second covers risk management with chapters on confidentiality, communication and risk management tips. Section III is a single chapter on reforming the system, and discusses both medical and legal proposals. The subject of tort reforms is covered in this chapter. A review section consisting of 35 multiple choice questions and answers constitutes Section IV. The book concludes with a glossary of legal terms.
Book Synopsis Physician, Protect Thyself by : Alan G. Williams
Download or read book Physician, Protect Thyself written by Alan G. Williams and published by Physician, Protect Thyself. This book was released on 2007 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medical Malpractice by : Frank Mcclellan
Download or read book Medical Malpractice written by Frank Mcclellan and published by Temple University Press. This book was released on 1994 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: From practical to philosophical considerations, this succinct, clear presentation of medical malpractice issues is a valuable resource for the classroom and the reference shelf. Frank M. McClellan illustrates the multitude of considerations that impact the merit of each case, never losing sight of the importance of preserving human dignity in malpractice lawsuits. Early chapters urge the evaluation of legal, medical, and ethical standards, especially the Standard of Care. Part II focuses on assessing and proving compensatory and punitive damages, Part III sets out guidelines for intelligence gathering, medical research, choosing expert witnesses, and preparing for trial. Students of law, medicine, and public health, as well as lawyers and health care professionals, will find in Medical Malpractice a valuable text or reference book. "Problems" in twelve of the thirteen chapters illustrate the range of issues that can arise in malpractice suits. An appendix lists leading cases that have shaped medical malpractice law.
Book Synopsis Methods to Alleviate the Plaintiff's Burden of Proof in Medical Malpractice Cases by : Oleg de Lousanoff
Download or read book Methods to Alleviate the Plaintiff's Burden of Proof in Medical Malpractice Cases written by Oleg de Lousanoff and published by . This book was released on 1981 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Disposition of Medical Malpractice Claims by : Patricia Munch Danzon
Download or read book The Disposition of Medical Malpractice Claims written by Patricia Munch Danzon and published by RAND Corporation. This book was released on 1980 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical and empirical analysis of the disposition of malpractice claims compares the actual outcomes with the legal standard of payment equal to damages, if, and only if, negligence occurred. An economic model of the settlement process assumes that the litigants attempt to maximize wealth, subject to the legal standards of liability and damage, and the costs of litigating. The model predicts that awards in settlements out of court will reflect the expected verdict, the probability of the plaintiff's winning, and the costs of going to court. The probability of the plaintiff's winning in settlement will also reflect the probability of winning in court, the size of the expected verdict, and the costs of going to court. Evidence from three malpractice claims surveys is consistent with the legal standard but departs in ways predicted by the model. Characteristics of the injury, the plaintiff, and the defense influence the outcome.
Author :Oleg de Lousanoff Publisher :Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften ISBN 13 : Total Pages :162 pages Book Rating :4.F/5 ( download)
Book Synopsis Facilitations of Proof in Medical Malpractice Cases by : Oleg de Lousanoff
Download or read book Facilitations of Proof in Medical Malpractice Cases written by Oleg de Lousanoff and published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften. This book was released on 1982 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In medical malpractice cases, the American as well as the German systems of law are faced with a basic dilemma: since liability is based on fault, the plaintiff who suffers bodily harm in the course of medical treatment often finds it very difficult to carry the burden of proof incumbent on him according to the normal rules of evidence. In most cases, he was harmed while unconscious or in ways not understandable to him because of his lack of knowledge in the area of medical science. Moreover, he frequently faces the reluctance of medical expert witnesses to testify about matters unfavorable to one of their professional colleagues. Therefore, American and German courts are trying to alleviate the plaintiff's burden of proof. The present study investigates these facilitations and queries whether they are still compatible with the system of fault liability.
