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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.
Book Synopsis Medical Malpractice Litigation in the 21st Century by : Nathaniel J. Friedman Esq
Download or read book Medical Malpractice Litigation in the 21st Century written by Nathaniel J. Friedman Esq and published by AuthorHouse. This book was released on 2012-07 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early Republic By far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy
Book Synopsis Medical Malpractice in Nineteenth-Century America by : Kenneth De Ville
Download or read book Medical Malpractice in Nineteenth-Century America written by Kenneth De Ville and published by NYU Press. This book was released on 1992-04-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early Republic By far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy
Book Synopsis America and the Law by : Stephen Herman
Download or read book America and the Law written by Stephen Herman and published by Gravier House Press, LLC. This book was released on 1999 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Medical Malpractice by : Richard E. Anderson
Download or read book Medical Malpractice written by Richard E. Anderson and published by Springer Science & Business Media. This book was released on 2007-11-05 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
This textbook is about the law of medical malpractice and how to prevent a malpractice lawsuit. It grew out of an earlier book covering medical negligence in Singapore. The book's primary goal is to provide a clear and simple explanation of the American law of medical malpractice, informed consent and risk management. Written with the clinician in mind, it is legally uncomplicated without being overly simplistic. The book is as much about medicine as it is about law; above all, it is about patients. It is written with the fervent belief that with better education, there will emerge a better appreciation of the expectations of the patient — often unmet — and the standards of the legal system — often misunderstood. Fewer lawsuits and improved patient care will hopefully follow.The book is in five sections. The first covers the law of malpractice and informed consent while the second covers risk management with chapters on confidentiality, communication and risk management tips. Section III is a single chapter on reforming the system, and discusses both medical and legal proposals. The subject of tort reforms is covered in this chapter. A review section consisting of 35 multiple choice questions and answers constitutes Section IV. The book concludes with a glossary of legal terms.
Book Synopsis Medical Malpractice: Understanding The Law, Managing The Risk by : Tan Siang-yong
Download or read book Medical Malpractice: Understanding The Law, Managing The Risk written by Tan Siang-yong and published by World Scientific Publishing Company. This book was released on 2006-01-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is about the law of medical malpractice and how to prevent a malpractice lawsuit. It grew out of an earlier book covering medical negligence in Singapore. The book's primary goal is to provide a clear and simple explanation of the American law of medical malpractice, informed consent and risk management. Written with the clinician in mind, it is legally uncomplicated without being overly simplistic. The book is as much about medicine as it is about law; above all, it is about patients. It is written with the fervent belief that with better education, there will emerge a better appreciation of the expectations of the patient — often unmet — and the standards of the legal system — often misunderstood. Fewer lawsuits and improved patient care will hopefully follow.The book is in five sections. The first covers the law of malpractice and informed consent while the second covers risk management with chapters on confidentiality, communication and risk management tips. Section III is a single chapter on reforming the system, and discusses both medical and legal proposals. The subject of tort reforms is covered in this chapter. A review section consisting of 35 multiple choice questions and answers constitutes Section IV. The book concludes with a glossary of legal terms.
Argues that the significant changes in malpractice are not the result of a standardization of care, but the result of a host of other factors - insurer demands, court sensibilities, and medical society politics. [Preface}
Book Synopsis Unhealed Wounds by : Neal C. Hogan
Download or read book Unhealed Wounds written by Neal C. Hogan and published by LFB Scholarly Publishing LLC. This book was released on 2003 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the significant changes in malpractice are not the result of a standardization of care, but the result of a host of other factors - insurer demands, court sensibilities, and medical society politics. [Preface}
"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.
Book Synopsis Medical Malpractice Litigation by : Bernard S. Black
Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 Tenth Edition of Problems in Health Care Law continues to be the authoritative foundational textbook that covers the key components of our legal system and its application to our healthcare system. Students will come away with a clear understanding of how individual rights are defined and protected in the health care setting; how healthcare services are defined, insured and paid for; how individual providers organize and govern themselves and many other core features of how our healthcare system is organized and administered. The Tenth Edition is an extensive revision that covers HIPAA, health care reform, and offers several chapters not included in previous editions. Under the guidance of new lead editor John E. Steiner, Jr., Esq., Problems in Health Care Law, Tenth Edition, brings together the work of authors who represent some of the best thinking and analyses of the issues by legal practitioners and business advisors in the thick of health care reform, delivery, payment, client counseling and contested legal matters. Key Features: * Each chapter provides a combination of broad concepts, learning objectives, practical examples, and instructor led questions. * Offers more robust pedagogical features including art work, diagrams, checklists, side bars, and more. * Includes a rich diversity of material from leading authorities with private law firm experience, national trade association advocacy and policy work, significant 'hands-on' healthcare institutional work and diverse publishing experiences. Problems in Health Care Law, Tenth Edition is a valuable resource for students and instructors who are learning about, involved in, or guiding the 'next generation' of administrators, policy makers, lawyers, physicians, nurses and others who form the backbone of our health care system.
Book Synopsis Problems in Health Care Law by : John E. Steiner
Download or read book Problems in Health Care Law written by John E. Steiner and published by Jones & Bartlett Publishers. This book was released on 2014 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Tenth Edition of Problems in Health Care Law continues to be the authoritative foundational textbook that covers the key components of our legal system and its application to our healthcare system. Students will come away with a clear understanding of how individual rights are defined and protected in the health care setting; how healthcare services are defined, insured and paid for; how individual providers organize and govern themselves and many other core features of how our healthcare system is organized and administered. The Tenth Edition is an extensive revision that covers HIPAA, health care reform, and offers several chapters not included in previous editions. Under the guidance of new lead editor John E. Steiner, Jr., Esq., Problems in Health Care Law, Tenth Edition, brings together the work of authors who represent some of the best thinking and analyses of the issues by legal practitioners and business advisors in the thick of health care reform, delivery, payment, client counseling and contested legal matters. Key Features: * Each chapter provides a combination of broad concepts, learning objectives, practical examples, and instructor led questions. * Offers more robust pedagogical features including art work, diagrams, checklists, side bars, and more. * Includes a rich diversity of material from leading authorities with private law firm experience, national trade association advocacy and policy work, significant 'hands-on' healthcare institutional work and diverse publishing experiences. Problems in Health Care Law, Tenth Edition is a valuable resource for students and instructors who are learning about, involved in, or guiding the 'next generation' of administrators, policy makers, lawyers, physicians, nurses and others who form the backbone of our health care system.
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.
Book Synopsis Avoiding Medical Malpractice by : William Choctaw
Download or read book Avoiding Medical Malpractice written by William Choctaw and published by Springer Science & Business Media. This book was released on 2008-03-26 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.
Book Synopsis Malpractice and Medical Liability by : Santo Davide Ferrara
Download or read book Malpractice and Medical Liability written by Santo Davide Ferrara and published by Springer Science & Business Media. This book was released on 2013-04-11 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.
