Medical Malpractice Law And Litigation

Author: Beth Walston-Dunham
Editor: Cengage Learning
ISBN: 1133010261
Size: 17,22 MB
Format: PDF, ePub
Read: 377
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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.

New Jersey Medical Malpractice Law

Author: Abbott S. Brown
Editor: New Jersey Law Journal
ISBN: 9781576258088
Size: 13,26 MB
Format: PDF
Read: 484
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"New Jersey Medical Malpractice Law "addresses 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."

International Medical Malpractice Law

Author: Dieter Giesen
Editor: Martinus Nijhoff Publishers
ISBN: 9789024737055
Size: 16,67 MB
Format: PDF
Read: 614
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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
Editor: ReadHowYouWant.com
ISBN: 1459615654
Size: 13,90 MB
Format: PDF, ePub, Docs
Read: 507
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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 2018

Author: Jonathan H. Lomurro
Editor: New Jersey Law Journal
ISBN: 9781628813289
Size: 15,39 MB
Format: PDF, ePub, Docs
Read: 503
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New Jersey Medical Malpractice Law addresses 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.

New Jersey Medical Malpractice Law 2019

Author: Jonathan H. Lomurro
Editor: New Jersey Law Journal
ISBN: 9781628814859
Size: 14,98 MB
Format: PDF, Kindle
Read: 417
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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.

Civil Law And Litigation For Paralegals

Author: Neal R. Bevans
Editor: Wolters Kluwer Law & Business
ISBN: 1454876530
Size: 18,86 MB
Format: PDF, Mobi
Read: 715
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Civil Law and Litigation for Paralegals is a comprehensive text designed specifically for paralegal civil litigation courses. Author Neal Bevans not only teaches the basics of civil litigation, but also gives students the opportunity to learn skills they will use in practice. In a balanced approach, Bevans covers all the key topics paralegals need to know in an easy-to-read and engaging style that utilizes numerous examples and illustrations but never overwhelms the student. The text provides students with an in-depth analysis of a wide variety of civil cases, beginning with laying out the basic foundation of the American legal system. It proceeds through the investigation and implementation of a civil case, and follows the case through to appeal. The text balances the theoretical underpinnings of the law with the practical examples and hands-on experience that all students need to completely understand the topic. The helpful pedagogy throughout the book and a comprehensive teaching package make class preparation as easy as possible. Features: Clear introduction to the fundamentals of civil litigation for paralegal students. Provides students with an in-depth analysis of a wide variety of civil cases, laying out the basic foundation of the American legal system, proceeding through the investigation and implementation of a civil case, and following the case through to appeal. Designed to help prepare students for the practical world of divorces, car wreck cases, and medical malpractice claims that they will see every day in civil practice. Each chapter presents students with examples of the important role that paralegals play in every stage of civil litigation, from client intake to bringing an appeal. Understandable writing style with strong pedagogy, resulting in a teachable and accessible text. Each chapter includes Practice Pointers, Search Suggestions, Tech Topics, and Legal Legwork boxes, along with case excerpts, forms, and ethics. Helpful pedagogy includes Chapter Objectives that focus learning and review, Boldfaced key terms and marginal definitions for convenient reference, Review questions at the end of each chapter, and references to web sites that facilitate legal research

New Jersey Medical Malpractice Law 2020

Author: Jonathan H. Lomurro
Editor: New Jersey Law Journal
ISBN: 9781628816167
Size: 13,77 MB
Format: PDF, ePub, Docs
Read: 963
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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. ,

Dental Malpractice

Author: Norman L. Schafler
Editor: Aspen Publishers
ISBN: 9780471139713
Size: 18,50 MB
Format: PDF, ePub
Read: 911
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Written by an attorney-dentist, this three-volume reference is a complete guide to understanding and preparing a dental malpractice case. The author, through the use of photographs, diagrams and other reports, explains various procedures and treatments performed by dentists. The text analyzes the standards of care and case evaluation with a step-by-step guide to case preparation from drafting pleadings and discovery to selecting expert witnesses to settlement and trial. Sample complaints, interrogatories, and questionnaires are included.

Medical Malpractice Law

Author: William W. Feuer
Editor: Lawpress
ISBN:
Size: 17,30 MB
Format: PDF, Kindle
Read: 529
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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.