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Author : Gerald B. Robertson,Ellen I. Picard
Publisher : Unknown
Page : 685 pages
File Size : 52,6 Mb
Release : 2017
Category : Physicians
ISBN : 077988096X
Author : Ilene R. Brenner
Publisher : John Wiley & Sons
Page : 181 pages
File Size : 48,5 Mb
Release : 2010-05-10
Category : Medical
ISBN : 9781444331301
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 : Paul C. Weiler
Publisher : Harvard University Press
Page : 202 pages
File Size : 43,5 Mb
Release : 1993
Category : Insurance, Physicians' liability
ISBN : 0674558804
A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.
Author : Bernard S. Black,David A. Hyman,Myungho Paik,Charles Silver,William M. Sage
Publisher : Unknown
Page : 300 pages
File Size : 51,6 Mb
Release : 2020-08-07
Category : Electronic
ISBN : 1948647796
Everything you ever wanted to know about how the medical malpractice litigation system actually works. 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 medical malpractice litigation system.
Author : Richard E. Anderson
Publisher : Springer Science & Business Media
Page : 307 pages
File Size : 44,8 Mb
Release : 2007-11-05
Category : Medical
ISBN : 9781592598458
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 : Dieter Giesen
Publisher : Unknown
Page : 576 pages
File Size : 42,5 Mb
Release : 1981
Category : Arzthaftpflicht
ISBN : STANFORD:36105043799506
Author : Tan Siang-yong
Publisher : World Scientific Publishing Company
Page : 364 pages
File Size : 49,8 Mb
Release : 2006-01-23
Category : Science
ISBN : 9789813106659
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 : Tom Baker
Publisher : ReadHowYouWant.com
Page : 386 pages
File Size : 45,8 Mb
Release : 2011-03
Category : Law
ISBN : 9781459615656
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 : William Parsons
Publisher : AuthorHouse
Page : 386 pages
File Size : 48,9 Mb
Release : 2016-12-07
Category : Fiction
ISBN : 9781524649975
West Virginia lawyer, Jack Fabian, is a battle-hardened, hard-drinking personal injury trial lawyer concentrating his practice in medical malpractice plaintiffs cases. Fabian, who has developed a penchant for big spending, expensive airplanes, top-shelf booze, and luxury vacations finds himself in 2005, feeling the adverse effects of the recently enacted repressive medical malpractice tort reform law in his state that has dulled his enthusiasm for the practice in general and plaintiffs malpractice law in particular. Through a series of unforeseen circumstances, Fabian reluctantly finds himself teamed up with former adversary, Benjamin Darnell, a recently deposed partner in a large insurance defense law firm and becomes embroiled in a case against a young neurosurgeon who, the two contend, botched his first surgery since completing training. Preferential Treatment is a story of two former foes pitted against the litigation sections chairman of Darnells old firm and his young associate in a case that could make or break each of their small practices. The book gives the reader a birds-eye view of the rough and tumble of the practice of law in a dying West Virginia town and the risks few lawyers dare to takethe difficult, time-consuming, and expensive practice of medical malpractice litigation.
Author : ACLM
Publisher : Elsevier Health Sciences
Page : 549 pages
File Size : 47,7 Mb
Release : 2007-03-09
Category : Medical
ISBN : 9780323070881
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 : Dieter Giesen
Publisher : BRILL
Page : 1000 pages
File Size : 52,7 Mb
Release : 1988-01-01
Category : Law
ISBN : 3166453229
This monograph is the most comprehensive comparative law study of legal responsibility arising from medical care presently available. It is written for doctors as well as health care administrators and legal professionals. Focusing on the problems of civil liability, it presents the development, points of contact with, and differences between the modern law of medical liability stemming from both the Common Law and Civil Law traditions of England, Scotland, Eire, New Zealand, Australia, Canada, the United States, South Africa, France, Belgium, West Germany, Switzerland, and Austria. It demonstrates the extent to which both problems of medical law and trends towards their solution are already familiar in these legal systems. The work describes principles and trends, not by confronting the reader with national reports' and separate chapters on different legal systems; rather, the relevant legal problems are analyzed from an integrative, comparative viewpoint. The main thrust of the presentation is the analysis of numerous court decisions -- the number of which is rising ominously in the United States -- on the civil liability of doctors and hospitals for damages arising from substandard treatment or inadequate disclosure of information to the patient. References to the legal and medical literature, indexes, and a refined system of cross-references, together with an important collection of appendices covering legal and ethical declarations make this work accessible as a handbook and reference work for the legal and social problems encountered today in the wide area of law, ethics, and medicine.
Author : Nathaniel J. Friedman Esq
Publisher : AuthorHouse
Page : 176 pages
File Size : 53,8 Mb
Release : 2012-07
Category : Electronic
ISBN : 9781477220313
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.
Author : Canadian Institute (1985- ),Canadian Institute, The
Publisher : Unknown
Page : 128 pages
File Size : 46,8 Mb
Release : 1998-07
Category : Electronic
ISBN : 1551834782
Author : Frank Mcclellan
Publisher : Temple University Press
Page : 326 pages
File Size : 50,5 Mb
Release : 1994
Category : Law
ISBN : 1566390664
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.
Author : United States. Secretary's Commission on Medical Malpractice
Publisher : Unknown
Page : 180 pages
File Size : 51,8 Mb
Release : 1973
Category : Malpractice
ISBN : STANFORD:36105060599029