The Preparation and Trial of Medical Malpractice Cases

The Preparation and Trial of Medical Malpractice Cases
Author :
Publisher : Law Journal Press
Total Pages : 696
Release :
ISBN-10 : 1588520080
ISBN-13 : 9781588520081
Rating : 4/5 (081 Downloads)

Book Synopsis The Preparation and Trial of Medical Malpractice Cases by : Richard E. Shandell

Download or read book The Preparation and Trial of Medical Malpractice Cases written by Richard E. Shandell and published by Law Journal Press. This book was released on 2018-09-28 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


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An anesthesiologist chips a patient's tooth during a difficult intubation. A surgeon leaves tiny abrasions on a patient's abdomen during a delicate surgical pro