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.

Suzy's Case

Suzy's Case
Author: Andy Siegel
Publisher: Simon and Schuster
Total Pages: 375
Release: 2012-07-10
Genre: Fiction
ISBN: 145165880X

This wild ride of a debut thriller is packed with insider details that reveal the fascinating world of a New York lawyer who’ll stop at nothing to secure justice. Introducing Tug Wyler, a dogged and irreverent New York City personal injury and medical malpractice attorney. He is as at home on the streets as he is in the courtroom, and larger than life in both places. Once you’ve met him, you won’t ever forget him. When Henry Benson, a high-profile criminal lawyer known for his unsavory clients, recruits Tug to take over a long-pending multimillion-dollar lawsuit representing a tragically brain-damaged child, his instructions are clear: get us out of it; there is no case. Yet the moment Tug meets the disabled but gallant little Suzy Williams and June, her beautiful, resourceful mother, all bets are off. With an offbeat, self-mocking style, Tug Wyler’s a far cry from your ordinary lawyer. Unswerving in his dedication to his mostly disadvantaged clients, he understands only too well how badly they need him with the system stacked against them. Tug is honest about his own shortcomings, many of them of the profoundly politically incorrect variety, and his personal catchphrase, handy in all situations, is “At least I admit it.” When his passionate commitment to Suzy’s case thrusts him into a surreal, often violent sideshow, the ensuing danger only sharpens his obsession with learning what really happened to Suzy. Blending razor-sharp intuition, intellectual toughness, and endlessly creative legal brinkmanship, Tug determinedly works his way through a maze of well-kept secrets—encountering a cast of memorably eccentric characters along the way—to get to the truth. Among the many fresh-to-the-genre pleasures of Suzy’s Case is its eye-opening portrait of the brutally tough world of medical malpractice law in New York City, an aggressive, very-big-bucks, winner-takes-all game in which lawyers relentlessly cut corners, deals—and throats. With Andy Siegel as the expert guide to his daily home turf, that largely unseen medicolegal universe, where life—and death—always have a price, you’ll experience its addictive, risk-taking reality. The result is a stunning debut as gripping as it is unexpected, as rollicking as it is compassionate, revealing Andy Siegel to be a bright new voice of remarkable energy, wit, and style.

Power from Within

Power from Within
Author: Jeffrey A. Krompier, Esq.
Publisher: CRC Press
Total Pages: 184
Release: 2021-10-10
Genre: Medical
ISBN: 100034763X

There is no end in sight to the frequency with which physicians, nursing professionals and other healthcare providers will become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation’s chronic "malpractice crisis", suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree. National legislative fact-finding committees and investigative bodies, which may be charged with the responsibility of pursuing a solution, likely will never achieve a global remedy. Although curtailed by some states, national legislation has not addressed baseless malpractice suites or grossly excessive monetary verdicts. Another approach exists, however. Health care providers can impact the existing system and influence the malpractice environments in a tangible, positive and powerful fashion. Although there will be debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant’s perspective as a "no-cause" trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.

Avoiding Medical Malpractice

Avoiding Medical Malpractice
Author: William Choctaw
Publisher: Springer Science & Business Media
Total Pages: 107
Release: 2008-03-26
Genre: Medical
ISBN: 0387730648

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.

The Dark side of Practice

The Dark side of Practice
Author: Alexander Mirvis
Publisher: Alexander Mirvis
Total Pages: 218
Release: 2021-09-17
Genre: Law
ISBN: 1678500984

If you have ever been injured in a Motor Vehicle Accident or any other type of Injury due to someone's negligence, this book is for you! This Book is about the Dirty Side of Personal Injury Practice. The Greed has finally been exposed! Alexander Mirvis is a Professional Personal Injury and Medical Mal-Practice Settlement negotiator that works with multiple law firms throughout New York City. With over $15,000,000+ in settlements on record, Alexander Mirvis has established a highly impressive reputation. This book is not only his story on how he became one of the the most prolific settlement negotiators in New York City, but also about the dark and dirty side of Personal Injury Practice and it's never ending battle between insurance companies who will fight to the end to save a dollar and the plaintiffs who are trying to recover as much money as possible for their alleged injuries.