Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

New Jersey Medical Malpractice Law 2020

New Jersey Medical Malpractice Law 2020
Author: Jonathan H. Lomurro
Publisher: New Jersey Law Journal
Total Pages: 1300
Release: 2019-06-28
Genre:
ISBN: 9781628816167

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. ,

Act of Faith

Act of Faith
Author: Stephen Rubino
Publisher: Dorrance Publishing
Total Pages: 606
Release: 2021-11-04
Genre: Fiction
ISBN: 1639371389

Act of Faith: America's longest running criminal conspiracy perpetrated against children By: Stephen Rubino www.actoffaithbook.com About the Book In his debut novel, trial attorney Stephen Rubino takes the reader on an electrifying journey of deceit, intrigue, tragedy, passion and ultimate redemption. At the intersection of the sacred and the profane, Act of Faith dissects the Vatican’s complicity in America’s longest criminal conspiracy perpetrated against children. This multi-generational family saga is richly portrayed through an ensemble cast of unforgettable characters, revealing the secret world of the Vatican’s sheltering of sexual predators to avoid bringing scandal to the faithful. Act of Faith offers an unflinching account of the still emerging sexual abuse scandal plaguing the Catholic Church and its impact on the survivors and their families across America. The story chronicles the lives of siblings Francis and Elizabeth Natale, who suffer unspeakable psychological damage after being sexually abused by their trusted parish priest. As adults, Francis and Elizabeth become estranged, each hiding their secrets in dangerous double lives. He as a gifted pianist and sexually conflicted Catholic priest, she as a reckless but highly successful trial attorney. After resigning her partnership in a major New York City law firm, Elizabeth sets out to uncover the roots of the abuse scandal and to exact her personal revenge. On a serendipitous road trip across the country, Elizabeth confronts her lifelong demons and forms an unlikely alliance with Father Thomas Atkinson, her long lost high school love who has become a Vatican whistleblower. After a tense reunion with Francis, the trio enters the super-charged environment of high stakes litigation, exposing the Church’s centuries old practice of hiding sexual predators in plain sight from the religious faithful and law enforcement. Together, the trio brings to the courthouse steps the first Federal Civil Racketeering lawsuit against the Catholic Church.

Bad Faith in Pennsylvania

Bad Faith in Pennsylvania
Author: Clifford Rieders
Publisher: Createspace Independent Publishing Platform
Total Pages: 28
Release: 2015-07-10
Genre:
ISBN: 9781515004479

This book discusses the law of insurance bad faith in Pennsylvania. Cliff Rieders' book discusses the Pennsylvania statutes creating a cause of action for insurance bad faith, and various scenarios where such insurance bad faith claims can arise, including on underinsurance motorist claims, as well as the types of damages that are available for bad faith. In addition, this book contains an up to date discussion of relevant case law concerning insurance bad faith in Pennsylvania.

The Preparation and Trial of Medical Malpractice Cases

The Preparation and Trial of Medical Malpractice Cases
Author: Richard E. Shandell
Publisher: Law Journal Press
Total Pages: 696
Release: 2018-09-28
Genre: Law
ISBN: 9781588520081

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.

Medical Malpractice Litigation

Medical Malpractice Litigation
Author: Bernard S. Black
Publisher: Cato Institute
Total Pages: 337
Release: 2021-04-27
Genre: Law
ISBN: 194864780X

"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.

The Medical Malpractice Myth

The Medical Malpractice Myth
Author: Tom Baker
Publisher: ReadHowYouWant.com
Total Pages: 386
Release: 2011-03
Genre: Law
ISBN: 1459615654

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...

Pennsylvania Torts

Pennsylvania Torts
Author: S. Gerald Litvin
Publisher: West Publishing Company
Total Pages:
Release: 1996-01-01
Genre: Torts
ISBN: 9780314081124