Navigating a Medical Malpractice Lawsuit PDF Download

Author: Howard A. Janet
Publisher:
ISBN: 9780314292490
Category : Medical personnel
Languages : en
Pages : 148

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Book Description
Navigating a Medical Malpractice Lawsuit is the ultimate resource for anyone who suspects that he or she has been victimized by medical malpractice. In short order, this easy-to-read and understand book explains what is involved in bringing and successfully resolving a medical malpractice case.

Author: D. David Ezell (Jr.)
Publisher:
ISBN:
Category : Malpractice
Languages : en
Pages : 169

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Book Description

Author: Ilene R. Brenner
Publisher: John Wiley & Sons
ISBN: 1444390376
Category : Medical
Languages : en
Pages : 181

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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: Darryl Seth Weiman
Publisher:
ISBN: 9780989797580
Category : Law
Languages : en
Pages : 470

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Book Description
Medical Malpractice-A Physician's Guide to Navigating the Minefield of Medical Malpractice Law is a book intended to help the health care provider better cope with the legal processes of a malpractice action. Most books written about malpractice law have been written by practicing attorneys. This book is written by a physician who is also a lawyer. Dr. Weiman maintains a full time practice as an academic Cardiovascular and Thoracic Surgeon. He was also able to successfully navigate through law school and pass the Bar Exam for Tennessee. He brings a different and integrated perspective since he has direct experience of being sued for malpractice. He has been deposed and has testified in court both as a defendant and a medical expert witness. He is one of only a handful of practicing cardiothoracic surgeons who is also licensed to practice law. Dr. Weiman still makes his living taking care of patients with diseases of the chest, but now some of his research and teaching is in the field of health care law. As state legislatures and the United States Congress actively debate various aspects of malpractice reform, health care providers who have more knowledge of the system should be better able to participate in these legal debates. This book discusses various models for malpractice reform so that physicians and others can have an idea what may be coming in the future. This book is long past due.

Author:
Publisher: Aspatore Books
ISBN: 9780314284679
Category : Law
Languages : en
Pages : 206

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Book Description
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.

Author: Jonathan H. Lomurro
Publisher: New Jersey Law Journal
ISBN: 9781628816167
Category :
Languages : en
Pages : 1300

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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: ACLM
Publisher: Elsevier Health Sciences
ISBN: 0323070884
Category : Medical
Languages : en
Pages : 549

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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: 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: Robert Devine
Publisher:
ISBN: 9781579695002
Category :
Languages : en
Pages :

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Book Description
The fourth edition of Medical Malpractice in New York provides you with practical insight into the many aspects of a medical malpractice case.

Author: David L. Folck
Publisher: Createspace Independent Publishing Platform
ISBN: 9781484870297
Category : Malpractice
Languages : en
Pages : 0

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Book Description
Already coping with two significant medical conditions, David L. Folck survives a near-death medical malpractice nightmare from a non-hospital acquired infection that required life-saving heart surgery. A legal nightmare followed that was full of surprises, back-stabbings and disappointments. Depositions from the case provide memorable statements from defendants and medical experts. Several years pass after a settlement, and the author finally finds the strength to relive the experience and recount this shocking, compelling tale. Along with this first person true story, the author also provides tips on navigating the medical malpractice system and provides timely and important ideas for reform. It is written in the style of a "60 Minutes" report but with significant details. It took 6+ years for the author to complete the book due to the subject matter and a significant clinical depression. No first person story of a medical malpractice experience has been written and published as a book until now. This book started as a therapeutic mental exercise after a horrific med mal nightmare ordeal. The subject matter is now quite timely and is part of a growing wave to reform or overturn the unfair, unjust, one-sided med mal law in California known as The MICRA. With Prop. 46 (which offers reforms to the current MICRA Law) on the November 2014 California Ballot, the information in this book about med mal reforms in The Golden State is Very timely.