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Preparation
and Trial of Medical Malpractice Cases
Richard E. Shandell Esq and
Patricia Smith Esq
Looseleaf, over 550
pages
2008, Law
Journal Press
Updated
as needed. Your purchase price includes the cost of
all previous updates and any updates that may be issued
within three months of your order. This book is shipped
by the publisher.
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Special offer: Buy this book and either Medication
Errors video or Nursing
Home Liability video and save $20.00. Click on Special offer
for details.
Table of
Contents
Excerpt
from the book (pdf)
The Preparation
and Trial of Medical Malpractice Cases treats a case
as a continuing process, from interviewing the client and
choosing the defendants through educating the jury and summation.
It also features detailed discussion of:
- The
right to sue HMOs for the common-law tort of "bad faith"
and other novel approaches upheld by the courts.
- Requirements
of expert testimony in the post-Daubert era.
- The
continuing treatment doctrine.
- State
statutes regarding motion practice, including questions
of liability, informed consent, agency and statutes of
limitations.
- Malpractice
liability of nontraditional/alternative medical practitioners,
such as acupuncturists, homeopaths and naturopaths.
- The admissibility
of a physician's risk statistics.
- Claims
for wrongful pregnancy.
- Claims
for death of a child.
- Conditions
precedent to bringing a malpractice case.
- Applications
of the "borrowed servant" doctrine to attending physicians
supervising residents.
- The
doctrine of alternative liability.
- The
failure to give the patient post-operative instructions.
- The
evidentiary value of FDA approval or nonapproval.
- Contributory
negligence and informed consent.
- A
psychiatrist's duty to third parties injured by a patient's
false accusations of abuse.
- The
duty to warn a spouse of a patient infected by tainted
blood.
- Bolstering
the credibility of an expert witness.
- The
denial of a right to die as a compensable injury.
- Sample
jury instructions for statutory liability caps, liability
of surgeons under the "captain of the ship" theory.
- Distinguishing
between medical malpractice and ordinary negligence.
- Strict
liability for blood banks and hospitals for contaminated
blood.
- Hospital
liability under respondeat superior, vicarious
liability, apparent authority and corporate negligence.
- Physician
liability under strict product liability.
- The
Emergency Medical Treatment and Active Labor Act (EMTALA).
- Impact
of the Federal Tort Claim Act on malpractice cases.
- Physician
liability to third parties in situations involving communicable
diseases, psychiatric patients, automobile accidents,
organ donations, caretakers and refusal of hospitalization.
- Liability
of nurses.
About
the authors:
Richard E. Shandell is a graduate of the University
of Pennsylvania and Columbia Law School. He has served as
President of the New York State Trial Lawyers Association
and is a member of the firm Shandell, Blitz, Blitz &
Bookson.
Patricia Smith, a graduate of Brooklyn College
and Brooklyn Law School, is retired from the practice of
law.
Table
of Contents
Excerpt
from the book (pdf)
Related
books:
ABC's
of Medical Records: Medical Abbreviations
Civil Trial Practice
Courtroom
Psychology and Trial Advocacy
Drug and
Medical Device Product Liability Deskbook
Drug Injury:
Liability, Analysis, and Prevention
Hospital
Liability
Legal
Aspects of Infectious Diseases
Medical Errors: Investigation and
Case Preparation
Medical Legal Aspects of Pain
and Suffering
Medical School for Lawyers
Medication Errors DVD or Videotape
(order with this book; save $20)
Nursing Documentation
Nursing
Malpractice
Table of
Contents
Click here
for a Detailed Table of Contents
1. Elements of a
Cause of Action
2. The Initial Evaluation
3 Statutes of Limitations
4. Informed Consent
5. The Initial Medical
Investigation
6. Res Ipsa Loquitur
7. Securing the
Medical Expert
8. Whom to Sue
9. The Complaint
10. The Bill of
Particulars
11. Discovery and
Disclosure
12. Medical Malpractice
Panels
12A. Motion Practice
13. Jury Selection
14. The Opening
Statement
15. The Order of
Proof and Evidentiary Issues
16. Summation
17. Jury Instructions
Appendix A: Sample
Depositions
Appendix B: Medical Brief
Appendix C: Defendant's Direct Examination
Appendix D: Direct Examination of Plaintiff's Expert
Appendix E: Demand for Bill of Particulars and Response
Excerpt
from the book (pdf)
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