How to Survive a Medical Malpractice Lawsuit - The Physician''s Roadmap for Success

Informationen zum Autor Ilene R. Brenner , MD, Adjunct Professor, Emory University, Atlanta, GA, USA Klappentext Everyone seeks to avoid getting into a lawsuit, but what do you do if this does happen? Getting sued for medical malpractice is one of the most traumatic events of a physician's career. This text will guide doctors and physicians through the process from the moment they receive a summons until the after-trial appeal process. Containing valuable information that physicians need to know to prevent making critical mistakes that can hurt their case With strategies explained to maximize their chances of a defendant's verdict. Including vital information on how to change your attorney, act at the deposition and dress for court, Navigating through what is a mysterious and terrifying process in non-legalese language that is easy to understand including what makes patients angry, strategies for coping, sample questions and tips on answering them to what happens in court and how to continue if there is a bad outcome. Zusammenfassung Being sued for medical malpractice is one of the most traumatic events of a physician's career. How to Survive a Medical Malpractice Lawsuit is the first book about medical malpractice that is completely written by a doctor for doctors. It is designed to help doctors navigate what can be a mysterious and terrifying process. Inhaltsverzeichnis Acknowledgments viii Foreword ix Introduction xi Section 1: The long road to trial 1 1 You've been served! Now what? 3 Questions to ask your insurer about your policy 3 What are the options if your employer purchases your insurance policy and dictates the terms? 6 When and how to report a claim 7 A few pitfalls to avoid after you've been sued 8 2 What is medical malpractice? 13 The criteria of physician legally defined malpractice 14 EMTALA issues 18 Complaints to the medical board 19 Alternative Dispute Resolution (ADR) 20 3 How to choose an attorney 23 Questions to ask your attorney 23 Conflicts of Interest 25 Problems with the Hospital as co-defendant 26 How do you change your attorney? 28 4 Coping with a medical malpractice lawsuit 31 Kübler-Ross five stages of grief 32 Maslow five stages of needs 36 Strategies for coping 39 v vi Contents 5 Before the deposition 40 Differences between federal and state court 41 Addressing the complaint 42 The discovery phase begins 43 Meeting with your attorney 43 The in-house physician review 44 6 Nail the deposition 46 Preparing for the deposition 47 Dealing with co-defendant issues 47 General deposition rules and tips 50 Sample question and answer scenarios 53 7 All about experts 62 Expert qualifications 63 Daubert rules regarding medical expert testimony 64 The defense expert 66 The plaintiff's expert 67 Using the plaintiff's expert to help your case 69 What if their expert is lying? 70 8 Pretrial countdown 72 Reviewing your deposition 72 Motions to dismiss the case 73 Should you settle your case? 75 Preparing for trial 77 9 The trial 79 Rules to follow when in court e.g. How you should dress 80 Jury selection 81 The cross-examination with tips and question and answer scenarios 84 Jury Deliberation 94 Damages 95 10 What to do if you lose 97 What are the steps to getting an appeal? 97 Can you get your attorney to file an appeal? 98 Settling in lieu of an appeal 99 Section 2: An ounce of prevention 101 11 Why doctors get sued 103 Bad outcom...

Inhaltsverzeichnis

Acknowledgments.
 
Foreword.
 
Introduction.
 
Section 1: The long road to trial.
 
1 You've been served! Now what?
 
Questions to ask your insurer about your policy.
 
What are the options if your employer purchases your insurance policy and dictates the terms?
 
When and how to report a claim.
 
A few pitfalls to avoid after you've been sued.
 
2 What is medical malpractice?
 
The criteria of physician legally defined malpractice.
 
EMTALA issues.
 
Complaints to the medical board.
 
Alternative Dispute Resolution (ADR).
 
3 How to choose an attorney.
 
Questions to ask your attorney.
 
Conflicts of Interest.
 
Problems with the Hospital as co-defendant.
 
How do you change your attorney?
 
4 Coping with a medical malpractice lawsuit.
 
Kübler-Ross five stages of grief.
 
Maslow five stages of needs.
 
Strategies for coping.
 
5 Before the deposition.
 
Differences between federal and state court.
 
Addressing the complaint.
 
The discovery phase begins.
 
Meeting with your attorney.
 
The in-house physician review.
 
6 Nail the deposition.
 
Preparing for the deposition.
 
Dealing with co-defendant issues.
 
General deposition rules and tips.
 
Sample question and answer scenarios.
 
7 All about experts.
 
Expert qualifications.
 
Daubert rules regarding medical expert testimony.
 
The defense expert.
 
The plaintiff 's expert.
 
Using the plaintiff 's expert to help your case.
 
What if their expert is lying?
 
8 Pretrial countdown.
 
Reviewing your deposition.
 
Motions to dismiss the case.
 
Should you settle your case?
 
Preparing for trial.
 
9 The trial.
 
Rules to follow when in court, e.g. How you should dress.
 
Jury selection.
 
The cross-examination with tips and question and answer scenarios.
 
Jury Deliberation.
 
Damages.
 
10 What to do if you lose.
 
What are the steps to getting an appeal?
 
Can you get your attorney to file an appeal?
 
Settling in lieu of an appeal.
 
Section 2: An ounce of prevention.
 
11 Why doctors get sued.
 
Bad outcome.
 
Should you apologize?
 
What makes patients angry?
 
Methods to prevent patients from becoming angry.
 
12 Communication Issues.
 
Effective communication.
 
Foreign language issues.
 
Informed consent.
 
13 Good documentation makes a difference.
 
Documentation of Informed Consent.
 
Destroy your diary or patient log before you get sued.
 
Be aware of your electronic footprint.
 
14 Liability risk with the use of physician extenders.
 
Vicarious Liability.
 
How should you run your practice?
 
15 Hospital issues.
 
Peer Review.
 
Hospital Privileges.
 
Risk Management: Does it help you?
 
The Against Medical Advice (A.M.A.) form.
 
Suspension of privileges.
 
16 Summary.
 
Appendix A Expert qualification requirements vary by state.
 
Appendix B Arbitration mediation and pretrial screening panels.
 
Appendix C Collateral source reform.
 
Appendix D I'm Sorry Laws.
 
Glossary.
 
Index.

Bericht

" This excellent and thorough book on malpractice should be on every practicing physician's bookshelves." (Doody's, 2 March 2012)

Produktdetails

• Autoren: Ilene R Brenner, Ilene R. Brenner, Ilene R. (Emory University Brenner, Ir Brenner, Brenner Ilene R.
• Verlag: Wiley, John and Sons Ltd
• Sprache: Englisch
• Produktform: Taschenbuch
• Erschienen: 23.04.2010
• EAN: 9781444331301
• ISBN: 978-1-4443-3130-1
• Seiten: 176
• Serien: How to...; HOW - How To; Wiley-Blackwell Handbooks in Personality and Individual Differences; How To; HOW - How To
• Themen: Naturwissenschaften, Medizin, Informatik, Technik > Medizin > Allgemeines; Sozialwissenschaften, Recht,Wirtschaft > Recht > Strafrecht, Strafprozessrecht, Kriminologie; Medizin, Medical Science, Medizinrecht u. Ethik, Medical Law & Ethics, ärztlicher Kunstfehler