Issues in Management and Preparation of Medical Negligence Cases Under the New Rules PDF Download

Author: Foster Robberson
Publisher:
ISBN:
Category : Medical personnel
Languages : en
Pages :

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Author: Richard E. Shandell
Publisher: Law Journal Press
ISBN: 9781588520081
Category : Law
Languages : en
Pages : 696

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Book Description
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.

Author: Cyril H. Wecht
Publisher: Juris Publishing, Inc.
ISBN: 1578232384
Category : Law
Languages : en
Pages : 119

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

Author: Santo Davide Ferrara
Publisher: Springer Science & Business Media
ISBN: 3642358314
Category : Medical
Languages : en
Pages : 374

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Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.​

Author: Foster Robberson
Publisher:
ISBN:
Category : Medical personnel
Languages : en
Pages : 123

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Author: Nasima Talukder Monmoon
Publisher: GRIN Verlag
ISBN: 3346263002
Category : Medical
Languages : en
Pages : 62

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

Author: Adolph Koeppel
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 204

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Author: City Law School (London, England)
Publisher: Oxford University Press, USA
ISBN: 0199227578
Category : Law
Languages : en
Pages : 253

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Book Description
Professional Negligence Litigation in Practice has been specifically written to provide students with a detailed introduction to the complex legal issues surrounding professional negligence disputes. Concentrating on two specific areas of professional negligence; clinical negligence and solicitors' negligence, this manual examines and provides practical guidance on how such a case might be most effectively prepared and presented. Split into five distinct parts; the first part of the manual covers selected areas of the substantive law as it relates to professional negligence, namely clinical negligence and solicitors' negligence. Part II deals with the crucial procedural aspects relating to professional negligence cases, building on students' existing knowledge of the Civil Procedural Rules and examining the pre-action protocols and the role of the case management conference. Part III reflects the pragmatic approach adopted by the manual, and has been specifically designed to develop students' drafting skills to the advanced level required in professional negligence cases, and considering in particular the various stages associated with drafting Particulars of Claim and a Defense. Part IV equips students with a guide to the various legal principles, rules, practice directions, codes of guidance, and other sources, which govern the collection, preparation, and delivery of expert and non-expert evidence in clinical and solicitors' negligence cases. The final part of the manual focuses on providing students with an introduction to the key people and bodies whom they will commonly encounter in this area of practice. It also provides consideration of the availability and impact of funding arrangements on professional negligence cases and alternative dispute resolution. This manual will be an invaluable guide for students wishing to practice in civil common law chambers, particularly in the areas of professional negligence or personal injury.

Author: Jonathan H. Lomurro
Publisher: New Jersey Law Journal
ISBN: 9781628814859
Category :
Languages : en
Pages : 0

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Book Description
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.

Author: Ciaran Craven
Publisher:
ISBN: 9781904480365
Category : Law
Languages : en
Pages : 255

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Irish law. Medical negligence litigation has grown hugely in importance in recent years. Courts are now faced with complex questions on such matters as informed consent to treatment, causation and proof and the liability of hospitals. The book contains a series of papers addressing all of these issues written by experts in their field. Coverage includes: Causation and proof Damages Limitation of actions Liability of hospitals Informed consent Dunne principles relating to diagnosis and treatment Please note Bloomsbury Professional acquired this title from First Law in July 2010.