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Medical Malpractice Law And Litigation

Author: Beth Walston-Dunham
Publisher: Cengage Learning
ISBN: 1133010261
Size: 12.30 MB
Format: PDF
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This current and concise text presents a balanced approach to the study of medical malpractice in the United States. Designed to encompass both early history and modern day principles, The Law of Medical Malpractice takes the reader from a brief history of civil liability for professional malfeasance to the anatomy of a lawsuit and the medical malpractice trial. The author provides sample medical records, definitions of medical and legal terminology, and sample legal forms to enhance student comprehension of key concepts. The text provides actual documents to give insight into real world cases and demonstrates how a case progresses from beginning to end. The many applications are based on true cases and provide an accurate depiction of medical malpractice as it exists today. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Medical Malpractice Law

Author: William W. Feuer
Publisher: Lawpress
ISBN:
Size: 68.41 MB
Format: PDF
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The author offers a comprehensive discussion of the dynamics of law & medicine, focusing on practical litigation procedures & strategies, cases, & current trends in medicine. He sets forth the five necessary elements which establish a professional liability lawsuit. He then develops these elements based on the reasoning used by the courts in rendering their decisions. This easy-to-read book enables the reader, whether a student, legal practitioner, health care professional, or interested individual, to think like a lawyer when analyzing the possibility of doing or omitting to do something which may give rise to a lawsuit. It also sets forth legal strategies, such as defenses a physician may assert, which may lessen damages or result in a complete dismissal. The book explains critical issues relevant to the medical malpractice lawsuit. It describes the introduction of medical records into court & the special considerations when releasing them. Issues such as choice of medical treatment, & the authority of the family & physician in deciding on treatment or refusal of treatment, are covered thoughtfully & concisely. Finally, the reader is apprised of the legal dilemmas & concerns pertaining to current issues such as abortion, sterilization, in vitro fertilization, & surrogacy.

International Medical Malpractice Law

Author: Dieter Giesen
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024737055
Size: 22.68 MB
Format: PDF
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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.

The Medical Malpractice Myth Large Print 16pt

Author: Tom Baker
Publisher: ReadHowYouWant.com
ISBN: 1459615654
Size: 20.66 MB
Format: PDF, Docs
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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, director of the Insurance Law Center at the University of Connecticut School of Law, to puncture ''the medical malpractice myth'' with a talent for reasoned argument and incisiveness. He counters that the real problem is ''too much medical malpractice, not too much litigation,'' and that the cost of malpractice is lost lives and the ''pain and suffering of tens of thousands of people every year'' - most of whom do not sue. Baker argues that the rise in medical premiums has more to do with economic cycles and the competitive nature of the insurance industry than runaway juries. Finally, Baker offers an alternative in the form of evidence-based medical liability reform that seeks to decrease the incidence of malpractice and also protect doctors from rising premium costs. Having worked with insurance companies, law firms and doctors, Baker brings experience and perspective to his book, which is sure to be important and controversial in future debates.

New Jersey Medical Malpractice Law 2019

Author: Jonathan H. Lomurro
Publisher: New Jersey Law Journal
ISBN: 9781628814859
Size: 51.50 MB
Format: PDF, ePub, Mobi
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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.

Medical Malpractice

Author: Richard E. Anderson
Publisher: Springer Science & Business Media
ISBN: 9781592598458
Size: 12.47 MB
Format: PDF, Kindle
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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.

Avoiding Medical Malpractice

Author: William Choctaw
Publisher: Springer Science & Business Media
ISBN: 9780387730646
Size: 75.42 MB
Format: PDF, Kindle
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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.

Medical Malpractice Litigation In The 21st Century

Author: Nathaniel J. Friedman, Esq.
Publisher: AuthorHouse
ISBN: 1477220321
Size: 60.72 MB
Format: PDF, Docs
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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.

Medicine Malpractice And Misapprehensions

Author: Vivienne Harpwood
Publisher: Taylor & Francis
ISBN: 0415428076
Size: 61.61 MB
Format: PDF, Kindle
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Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships. The author: identifies and analyzes the growing pressures on doctors in modern society, placing their role in context explores some of the myths surrounding media claims about malpractice considers the practice of 'defensive medicine' and the difference between defensive practices and sensible risk management examines external pressures, such as political interference with clinical practice in the form of target-setting and what might be described as a culture of creeping privatization of healthcare. Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.