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This guide, written for medical experts and lawyers, explains the legal principles and rules of court that must be applied in writing medico-legal reports in civil claims, gives guidance on the report's content and format, and provides practical forensic writing skills.
Written for medical experts by Giles Eyre and Lynden Alexander and published in association with the Expert Witness Institute, this highly-praised guide to medico-legal report writing in civil claims bridges the 'communication void' that too often exists between medical experts and the lawyers who instruct them. The guide explains the legal principles and rules of court that must be applied in writing reports, gives guidance on the report's content and format, provides practical forensic writing skills, and explores the practical and contractual issues that arise in medico-legal practice. The Second Edition, due to be published in the summer of 2015, has been updated to include the latest case law, the most recent developments in medico-legal work (including the impact of the 'Jackson Reforms' and Medco), and has been expanded to include the issues that arise in Quantum and Care Reporting.
This book explains the need for clinicians to maintain quality medical notes and records and how to produce them and looks in a practical manner at the legal principles surrounding many aspects of the treatment of patients, including confidentiality, capacity and consent, and the processes set off when things go wrong.
In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Guest edited by Drs. Marjorie Eskay-Auerbach and Robert Rondinelli, this issue of Physical Medicine and Rehabilitation Clinics will discuss Medical Impairment and Disability Evaluation and Associated Medicolegal Issues. This issue is one of four selected each year by our series Consulting Editor, Dr. Santos Martinez of the Campbell Clinic. Topics in this issue include, but are not limited to: The Physician’s Approach to Impairment Rating and Disability Benefits Determinations; Claimant-related Issues; Evaluating Return-to-work ability using Functional Capacity Evaluation; Evaluating Human Functioning Using CAT Methodology for Disability Determination within the SSA; Burden of treatment compliance; Measuring Quality of Life Loss in Litigation; Medical-Legal Causation Analysis; Actuarial Analysis and Life Expectancy Determination after Catastrophic Illness or Injury; Validity Assessment in Acquired Brain Injury Disability Evaluation; Medicolegal Expert Core Competencies & Professionalism; The Physician as Expert Witness; Rehabilitating the Injured Worker to Maximum Medical Improvement (MMI); The Independent Medical Examination (IME); and Life Care Planning, among other topics.
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.
The Australian Medico-Legal Handbook provides an easily understood reference guide to legal and ethical issues encountered in daily medical practice. It also covers the laws in all Australian jurisdictions, answering the most commonly asked questions in clinical practice - "What if I get sued?", "What do I do if someone refuses treatment?", "What deaths do I refer to the Coroner?", "Who can decide about a child's treatment?", "What if I make a mistake?"
This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.
PSYCHOLOGY AND THE LAW Discover first-hand insights into the experience of acting as a psychologist expert witness In Psychology and the Law: Case Studies of Expert Witnesses, a team of distinguished psychologists delivers an insightful and practical collection of case studies exploring the role of mental health professionals acting as expert witnesses in regulatory, judicial, and quasi-judicial proceedings. Each chapter is authored by an expert in their field, covering situations ranging from the assessment of people involved in criminal and family law proceedings and Parole Board hearings to the assessment of a civil litigant’s experience of historical trauma resulting from the alleged negligence of the local authority. Each case follows the involvement of the practitioner from initial retainer to the process of giving evidence in court or in a court-like proceeding. The book also offers valuable judicial and legal perspectives on the roles played by mental health professionals acting as expert witnesses, as well as discussion of the cross examination of persons giving psychological evidence. Readers will also find: A thorough introduction to the use of psychologists as expert witnesses Comprehensive explorations of clinical forensic expert witness case studies Practical discussions of medicolegal expert witness case studies Fulsome treatments of judicial and legal perspectives on the roles, uses, and limits of psychological evidence and the use of psychologist experts in military court martials Perfect for undergraduate and postgraduate students of law and psychology, Psychology and the Law: Case Studies of Expert Witnesses will also benefit qualified psychologists, psychiatrists, lawyers, policymakers and legislators, social workers, and members of the judiciary.
"The credibility of a psychologist called upon to prepare a report for court as an expert witness will be questioned if the document presented is viewed as poor. The court will place little weight on the report and the psychologist's professional reputation will be placed at risk. Complaints against psychologists to registration boards, ethics committees and litigation proceedings are frequently the consequence of poor psychological reports." "This text examines relevant mental health state legislation relating to criminal, civil and family courts and then sets out a logical structure for writing reports for such matters. The use of psychological tests and their utility in providing useful objective data for courts is also examined. Three chapters are devoted to questions central to an expert offering an 'opinion' in court." "Featuring numerous case studies to illustrate the applicability of the information provided, this book serves as an excellent text for all psychologists considering a career in forensic work as well as any working psychologist who may find themselves in a court setting."--BOOK JACKET.