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Medical Malpractice: Understanding The Law, Managing The Risk

Author : Tan Siang-yong

Publisher : World Scientific Publishing Company

Page : 364 pages

File Size : 41,97 MB

Release : 2006-01-23

Category : Science

ISBN : 9813106654

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Book Description

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.



New Jersey Medical Malpractice Law 2020

Author : Jonathan H. Lomurro

Publisher : New Jersey Law Journal

Page : 1300 pages

File Size : 27,98 MB

Release : 2019-06-28

Category :

ISBN : 9781628816167

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Book Description

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. ,



Medical Malpractice

Author : Frank Mcclellan

Publisher : Temple University Press

Page : 323 pages

File Size : 36,54 MB

Release : 2010-06-10

Category : Law

ISBN : 1439903840

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Book Description

An experienced litigator lays out the essential issues.



Avoiding Medical Malpractice

Author : William Choctaw

Publisher : Springer Science & Business Media

Page : 107 pages

File Size : 49,59 MB

Release : 2008-03-26

Category : Medical

ISBN : 0387730648

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Book Description

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 Malpractice

Author : Frank A. Sloan

Publisher : National Geographic Books

Page : 0 pages

File Size : 43,50 MB

Release : 2010-08-13

Category : Business & Economics

ISBN : 0262515164

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Book Description

A comprehensive analysis of medical malpractice from legal, medical, economic, and insurance perspectives that considers why past efforts at reform have not worked and offers recommendations for realistic, achievable policy changes. Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes—legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.



Problems in Health Care Law

Author : Robert Miller

Publisher : Jones & Bartlett Learning

Page : 913 pages

File Size : 27,2 MB

Release : 2006

Category : Business & Economics

ISBN : 0763745553

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Book Description

This classic text has been extensively updated and restructured to use the "problems" approach which analyzes underlying, conflicting public policies and the legal solutions for those problems. It continues to be the helpful one-volume overview of healthcare law that it and its predecessor, Problems in Hospital Law, have been since 1968. Topics covered include: organizational, physical, and staffing resources; relationships with patients including both medical decision-making issues and the handling of medical information; financing of health care services; and liability issues.



Medical Malpractice in Health Law

Author : Adeyemi Oshunrinade

Publisher :

Page : 0 pages

File Size : 46,22 MB

Release : 2023-04-22

Category : Law

ISBN : 9781977262653

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Book Description

"Medical Malpractice in Health Law" is a textbook that provides an in-depth analysis of the complex legal and ethical issues surrounding medical malpractice. The book covers the various aspects of medical malpractice including the legal framework, causes of medical errors, standard of care, damages and defenses, including the impact of malpractice on healthcare professionals and patients. The textbook begins with an overview of the history and evolution of medical malpractice law and its current legal framework. It then explores the causes of medical errors and the factors that contribute to malpractice lawsuits, including the standard of care, negligence, informed consent, and breach of duty. The book also covers the various types of damages that can result from medical malpractice, including economic, non-economic, and punitive damages. It provides a comprehensive review of the various defenses available to healthcare professionals, such as the doctrine of informed consent, the statute of limitations, contributory negligence and the comparative negligence defense. Throughout the book, the author examines the impact of medical malpractice on healthcare professionals and patients. He discusses the emotional and financial toll of malpractice lawsuits on healthcare providers and the potential impact on patient care. Finally, the textbook explores strategies for preventing medical errors and reducing the risk of malpractice claims. It provides guidance on effective communication, patient safety, and risk management through case studies and true life events with an extensive discussion on the legal defenses to medical malpractice. Overall, "Medical Malpractice in Health Law" is an essential resource for healthcare professionals, legal professionals, patients and students who want to understand the legal and ethical complexities of medical malpractice and its impact on the healthcare system.



The Medical Malpractice Myth

Author : Tom Baker

Publisher : ReadHowYouWant.com

Page : 386 pages

File Size : 48,87 MB

Release : 2011-03

Category : Law

ISBN : 1459615654

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Book Description

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, direct...



Medical Malpractice and Compensation in Global Perspective

Author : Ken Oliphant

Publisher : Walter de Gruyter

Page : 592 pages

File Size : 50,37 MB

Release : 2013-10-29

Category : Law

ISBN : 3110270234

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Book Description

The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.



Medical Malpractice Litigation

Author : Bernard S. Black

Publisher : Cato Institute

Page : 337 pages

File Size : 30,71 MB

Release : 2021-04-27

Category : Law

ISBN : 194864780X

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Book Description

"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.