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Author: Lawrence Schlachter Publisher: Skyhorse ISBN: 1510712607 Category : Medical Languages : en Pages : 264
Book Description
In 1991, the Institute of Medicine released a landmark report, which revealed that as many as 98,000 patients were dying every year owing to avoidable medical error. More recent research indicates that estimate was, if anything, a drastic understatement of the patient-safety epidemic in the US health care system. In Malpractice, neurosurgeon and attorney Dr. Larry Schlachter makes a case that most patients enter the system without any idea of the risks they face, due to a medical culture that denies there is a patient safety problem. He argues that medical culture actively avoids transparency, perpetuates an atmosphere of blind deference to doctors, and protects dangerous doctors from any accountability. Drawing on 23 years of experience, Dr. Schlachter provides unbelievable stories that illustrate the host of risks patients face whenever they seek diagnostic evaluation or go under the knife. This book provides an all-access pass to the inner sanctums of the health care citadel, exposing the cultural flaws that fuel doctor’s egos and outlining the steps every patent should take to protect himself or herself.
Author: Lawrence Schlachter Publisher: Skyhorse ISBN: 1510712607 Category : Medical Languages : en Pages : 264
Book Description
In 1991, the Institute of Medicine released a landmark report, which revealed that as many as 98,000 patients were dying every year owing to avoidable medical error. More recent research indicates that estimate was, if anything, a drastic understatement of the patient-safety epidemic in the US health care system. In Malpractice, neurosurgeon and attorney Dr. Larry Schlachter makes a case that most patients enter the system without any idea of the risks they face, due to a medical culture that denies there is a patient safety problem. He argues that medical culture actively avoids transparency, perpetuates an atmosphere of blind deference to doctors, and protects dangerous doctors from any accountability. Drawing on 23 years of experience, Dr. Schlachter provides unbelievable stories that illustrate the host of risks patients face whenever they seek diagnostic evaluation or go under the knife. This book provides an all-access pass to the inner sanctums of the health care citadel, exposing the cultural flaws that fuel doctor’s egos and outlining the steps every patent should take to protect himself or herself.
Author: Ilene R. Brenner Publisher: John Wiley & Sons ISBN: 1444331302 Category : Medical Languages : en Pages : 181
Book Description
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.
Author: Tan Siang-yong Publisher: World Scientific Publishing Company ISBN: 9813106654 Category : Science Languages : en Pages : 364
Book Description
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.
Author: Bernard S. Black Publisher: Cato Institute ISBN: 194864780X Category : Law Languages : en Pages : 337
Book Description
"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.
Author: Frank A. Sloan Publisher: MIT Press (MA) ISBN: Category : Business & Economics Languages : en Pages : 480
Book Description
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.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking (MIT Press, 2004) and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University.
Author: ACLM Publisher: Elsevier Health Sciences ISBN: 0323070884 Category : Medical Languages : en Pages : 549
Book Description
Reduce your risk of costly litigation! Written in easy-to-understand language by a team of medical doctors who are also attorneys at law, this handbook addresses the issues surrounding the growing incidence of medical malpractice. It examines the scenarios that can result in a malpractice suit, the best actions to take during the course of litigation, and the most effective ways to minimize your legal liabilities. Access the expert guidance of top professionals across medical and legal fields in an easy-to-read format. Review the legal aspects of nearly every medical topic that impacts health care professionals. Quickly see how to minimize your legal liabilities with the aid of "Golden Rule" boxes. Understand the different types of malpractice suits and the physician's position and defense in each. See how concepts apply to specific scenarios through abundant case studies. Explore specific legal considerations for each medical specialty.
Author: Tom Baker Publisher: ReadHowYouWant.com ISBN: 1459615654 Category : Law Languages : en Pages : 386
Book Description
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...
Author: Jonathan H. Lomurro Publisher: New Jersey Law Journal ISBN: 9781628816167 Category : Languages : en Pages : 1300
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: Paula Danziger Publisher: ISBN: 9780749723798 Category : Languages : en Pages : 144
Book Description
It's absolutely disgusting being fourteen. You've got no rights whatsoever. Your parents get to make all the decisions: Who gets the single bedroom. How much allowance is enough. What time you must come in. Who is a proper friend. What your report card is supposed to look like. And what your parents don't tell you to do, the school does. None of this seems fair to Lauren Allen, but then she finds a way to fight back. She can even sue her parents for malpractice...can't she? "Entangled in a web of family friction, adolescent uncertainty, and romantic longing, Lauren slowly learns to make decisions that are right for her....Humor abounds, nicely balancing the reality." -- "Children's Book Review" Service "Ruefully and relentlessly funny." -- The New Yorker Paula Danziger lives in New York City and Bearsville, New York. "This novel is as much fun as Danziger's The Cat Ate My Gymsuit." -- "School Library Journal"