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Preparing and Winning Medical Negligence Cases - Third Edition has been prepared by prominent, experienced medical specialists, all of whom have had much professional involvement and interest in legal medicine for many years, many of whom have JD as well as MD degrees. Therefore, while the chapters present a wealth of solid information for a variety of medical specialists, they are primarily designed to address important issues that are undoubtedly of great value to both plaintiff and defense trial attorneys, as well as health care professionals, and hospital administrative personnel regarding medical malpractice cases. Preparing and Winning Medical Negligence Cases provides extensive information for lawyers regarding medical malpractice suits from both a legal and medical perspectives. It makes complex topics such as anatomy, physiology and pathology of various organ systems and the clinical diagnoses rendered by medical specialists accessible to lawyers bringing or defending medical malpractice cases. The knowledge and experience contained in this work will provide invaluable information for attorneys in both the pretrial preparation and actual trial of medical negligence cases. Preparing and Winning Medical Negligence Cases brings together the combined knowledge and experience of outstanding medical-legal teachers and writers for the purpose of educating attorneys about the difficult, variegated, and controversial subject of medical malpractice. It is difficult, if not impossible, to think of a legal area that has been the subject of as much oral and written commentary in the past twenty years as medical malpractice. Unfortunately, many of these speeches, publications, and special programs have generated far more heat than light on this complex and controversial topic. As a result, confusion and misunderstanding have precipitated hostility among a great majority of physicians toward lawyers, particularly plaintiffs' trial attorneys. Addressing this issue, this volume was prepared by prominent, experienced medical specialists, all of whom have had much involvement and interest in legal medicine for many years. Therefore, although the chapters are substantive, solid reviews from the perspective of medical specialists, they also are geared to address important issues encountered at the interface of law and medicine.
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.
Clinical Negligence claims currently cost the NHS over £2 billion every year. Litigation is time-consuming, expensive and stressful for all involved. For those whose lives have been changed dramatically as a result of negligent medical treatment, bringing a claim may be the only means of obtaining redress for the harm done to them. But the process of litigation can be a bewildering and sometimes hostile experience. For many healthcare professionals the fear of litigation is a real concern and there is deep anxiety that litigation contributes to an unhealthy, even dangerous culture of blame. Clinical Negligence Made Clear: A Guide for Patients and Professionals is an attempt by one the country’s leading clinical negligence practitioners to help all those who might be affected by such cases to understand what is involved and thereby to reduce the cost and emotional impact of clinical negligence litigation. In concise, accessible language Nigel Poole QC charts how clinical negligence has evolved, its place within the justice system and how compensation is assessed explains ten core legal principles of clinical negligence such as the doctor’s duty of care and the standards expected of healthcare professionals sets out how a claim proceeds and what happens before and during a trial focuses on specific common areas of clinical negligence claims such as wrongful birth, delays in cancer treatment and cosmetic surgery looks to the future and asks whether the current system is sustainable The aim is to provide an intelligent but accessible guide for patients, doctors, nurses, therapists, expert witnesses, and healthcare managers so that those caught up in legal proceedings have a realistic view of the impact they will have and a clearer understanding of when a dispute might be best resolved early. No doubt it will also provide a lively introduction to the subject for students, trainees and lawyers looking to move into clinical negligence work.