Gotowe bibliografie tematyczne / Medical Malpractice Lawyer

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Gotowa bibliografia na temat „Medical Malpractice Lawyer”

Autor: Grafiati

Data publikacji: 29 lipca 2024

Data aktualizacji: 31 lipca 2024

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Artykuły w czasopismach na temat "Medical Malpractice Lawyer"

Farrow, Freeman L. "The Anti-Patient Psychology of Health Courts: Prescriptions from a Lawyer-Physician". American Journal of Law & Medicine 36, nr 1 (marzec 2010): 188–220. http://dx.doi.org/10.1177/009885881003600104.

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Critics of the current medical malpractice tort system claim that adjudication of malpractice claims before generalist judges and lay juries contributes to rising costs of medical malpractice insurance premiums and medical care. They claim that properly deciding issues in this realm requires specialized knowledge of medicine and medical technology that juries, and even judges of general jurisdiction, do not possess. One lobbying group alleges there is a continuing medical malpractice litigation crisis in the United States, evidenced by increasing medical costs, deaths from needless medical errors, departure of physicians from the practice of medicine due to increasing medical malpractice insurance premiums, and random medical justice in medical malpractice cases. Whether there is a direct, causal correlation between the increasing cost of medical malpractice insurance premiums and medical malpractice litigation is debatable.

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Ginsburg, William H. "Polemics in Risk Management: Essentials regarding the Issue of Malpractice: Anatomy of a Malpractice Claim the Basics". American Journal of Cosmetic Surgery 10, nr 3 (wrzesień 1993): 165–68. http://dx.doi.org/10.1177/074880689301000302.

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Physicians should make every effort to avoid malpractice suits. However, if they become involved in a case where malpractice is alleged, there are rules and protocols visited on both physicians and lawyers that will assist in successfully defending the physician or medical group. In exploring these rules and protocols, many of the methods of avoiding malpractice in the first instance become apparent. The authors' conclusions in the instant papers all lead to one conclusion: having a good lawyer to whom the physician can relate, as well as establishment of a careful, caring, thorough and rational relationship with the patient and ultimately the judge and jury, if necessary, are the keys to success in any malpractice or potential malpractice setting.

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L., J. F. "$45 MILLION MALPRACTICE VERDICT". Pediatrics 95, nr 6 (1.06.1995): 900. http://dx.doi.org/10.1542/peds.95.6.900.

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... A Fairburn family has been awarded $45 million after their son had to have his hands and legs amputated following an HMO's decision to have him treated at a hospital 42 miles from his home. On March 26, 1993, Lamona Kaye Adams called the company's emergency line about 3:50 a.m. to report that her 6-month-old son, James, was moaning, panting, limp, and running a 104-degree temperature. After telling her to place the child in a tepid bath, the emergency line nurse checked with a doctor and directed that the child be taken to Scottish Rite Hospital, north of Atlanta. Kaiser Permanente receives a 15% discount for patients at Scottish Rite. On the way to Scottish Rite, James' heart stopped. He was revived with CPR at another hospital, but circulation ceased to his extremities and he developed gangrene. A blood infection was later diagnosed. During a nine-day trial in Fulton State Court, Kaiser's lawyers contended that it would have made no difference if James had been sent to the nearest emergency room. "Our issue is quality," said the Kaiser Permanente medical director for Georgia. "Quality pediatric care was most available at Scottish Rite." But the Adamses' lawyer called the case an example of what happens when cost-conscious managed-care providers try to cut corners.

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Min, Young Don, Il Ok Lee i Ji Tae Choung. "Medical Malpractice: What is the Difference between an Anesthesiologist and a Lawyer". Korean Journal of Anesthesiology 47, nr 3 (2004): 389. http://dx.doi.org/10.4097/kjae.2004.47.3.389.

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Ghaith, Summer, Gregory Moore, Kristina Colbenson i Rachel Lindor. "Charting Practices to Protect Against Malpractice: Case Reviews and Learning Points". Western Journal of Emergency Medicine 23, nr 3 (28.04.2022): 412–17. http://dx.doi.org/10.5811/westjem.2022.1.53894.

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Introduction: Medical documentation issues play a role in 10-20% of medical malpractice lawsuits. Inaccurate, incomplete, or generic records undermine a physician’s defense and make a plaintiff’s lawyer more likely to take on a case. Despite the frequency of documentation errors in malpractice suits, physicians receive very little education or feedback on their documentation. Our objective in this case series was to evaluate malpractice cases related to documentation to help improve physicians’ documentation and minimize their liability risks. Methods: We used Thomson Reuters Westlaw legal database to identify malpractice cases related to documentation. Common issues related to documentation and themes in the cases were identified and highlighted. Results: We classified cases into the following categories: incomplete documentation; inaccurate text; transcription errors; judgmental language; and alteration of documentation. By evaluating real cases, physicians can better understand common errors of other practitioners and avoid these in their own practice. Conclusion: Emergency physicians can reduce their liability risks by relying less on forms and templates and making a habit of documenting discussions with the patients, recording others’ involvement in patient care (chaperones, consultants, trainees, etc.), addressing others’ notes (triage staff, nurses, residents, etc.), paying attention to accuracy of transcribed or dictated information, avoiding judgmental language, and refraining from altering patient charts.

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Jamail, Joseph D. "Professional liability: How a trial lawyer prepares a medical malpractice case for trial". Annals of Thoracic Surgery 52, nr 2 (sierpień 1991): 362–64. http://dx.doi.org/10.1016/0003-4975(91)91386-a.

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Melville, Angela Lee, Frank Stephen i Tammy Krause. "“He did everything he possibly could for me”: medical malpractice claimants’ experiences of lawyer–client relations". International Journal of the Legal Profession 21, nr 2 (4.05.2014): 171–93. http://dx.doi.org/10.1080/09695958.2015.1025791.

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Crous, AJ. "Keuringspanele ("Screening Panels") as Gepaste Geskilbeslegtingsmetode ter Oplossing van Mediese Wanpraktyks-geskille." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, nr 3 (26.06.2017): 97. http://dx.doi.org/10.17159/1727-3781/2009/v12i3a2735.

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A right only has any value if there is a remedy providing for the acknowledgement and enforcement thereof. An increase in medical malpractice claims can be expected in South Africa in view of the fact that the public is becoming more and more aware of its rights in respect of health services and health care. The public opinion calls for development of dispute resolution proceedings. The fact that the law is not accessible to everyone in South Africa is a matter of concern. High litigation costs, coupled with the time consuming protracted, formal and complicated process, call for a transformation towards an alternative, non-judicial process that is suitable for a particular dispute and apposite to the parties involved. Selection panels, the medical ombudsperson and arbitration clauses incorporated in doctor/patient agreements, are ADR mechanisms that have been proved by American law as suitable for resolution of medical malpractice claims. In this particular article attention is paid to screening panels as pre-trial mechanism with the exclusive purpose to select malpractice disputes, discourage unfounded disputes and to encourage an early settlement in case of a prima facie case.Several objections have been raised by critics in this regard, for instance, a screening panel infringes on: the right of equal protection/the right of access to the courts/the right to a jury trial/the right to a due process as well as on the trias politica doctrine. These so-called infringements are attended to and eventually a positive conclusion regarding screening panels is made: medical screening panels (consisting generally of a medical doctor, a lawyer and a member of public), based on the American experience, is indeed an appropriate dispute resolution method.

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McHugh, M., i SS Haas. "Limitations of liability insurance". Critical Care Nurse 13, nr 6 (30.12.1993): 88–90. http://dx.doi.org/10.4037/ccn1993.13.6.88.

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In the unfortunate event that you are sued for malpractice, the following suggestions could maximize the benefits of your professional liability insurance policy: Do not contact the claimant, because any statements you make can be used against you in a suit. Provide the insurer with as much information as possible. Monitor the case regularly by contacting the insurance adjuster assigned to the case and request copies of all documents generated. Communicate your feelings with the company about defending or settling the case. If you completely violated a standard of care such as giving an IV push medication to the wrong patient because of failure to check the patient's name bracelet, try to settle this case out of court. A jury would not likely be sympathetic to a nurse who injured a patient in this manner. Review the entire medical record and discuss your analysis with your attorney. Remember, as a policyholder, you have the right to demand that your claim be handled by a competent, professional lawyer. Unlike other professionals, attorneys are not required to have national certification. Defendants have the right to ask assigned attorneys about their malpractice experience. Does the attorney have a working knowledge of the procedures and technical jargon concerning the case? How many similar cases has the attorney handled? You have a right to these answers.

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Girone, Joseph A. C. "GUILTY! DON'T WORRY". Pediatrics 77, nr 3 (1.03.1986): A40. http://dx.doi.org/10.1542/peds.77.3.a40.

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It's amazing. The lawyers make the malpractice laws, witch hunt until a case is found, and then take a large portion of any award given. They are not satisfied with that. Robert V. Wills, JD, writing in Surgical Rounds gives we physicians three maxims on how to react when slapped with a malpractice suit. The lawyers don't want the physicians to get upset or overreact when accused of negligence, carelessness, or reckless behavior. Wills reminds us there is better than a 50/50 chance of resolution of the claim in the doctor's favor. These cases should be treated as an economic nuisance and you may not be the primary defendant. He further suggests physicians regard a malpractice claim as a "cost of doing business." Are we going to accept this advice so kindly offered by the legal councilors? After all, they don't give free advice often. The medical profession is special in many ways. Therefore, any allegation of wrongdoing or mistreatment of a patient must be addressed by that profession the best way available. The medical profession should never approach the malpractice crisis in this country with an attitude of "economic nuisance" or percent chances of resolution in the doctor's favor. The physician's attitude and feelings toward a malpractice action are more accurately described by a fellow physician, Dave Ellison, MD, in the piece "Not Guilty." These cases are a direct attack on the competence and integrity of the victim—physician. Let's take the advice of Dr. Ellison and show our colleagues who are sued, respect, compassion, and concern. Unknowingly, he put in prospective the lawyer's maxims when he wrote "[it's] no more useful than advising a depressed patient to "cheer up!" We need not look outside of our profession to advise us on our behavior in this difficult situation.

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Książki na temat "Medical Malpractice Lawyer"

N, Luvera Paul, red. Winning medical negligence cases: A guide for the plaintiffs' lawyer. Washington, DC: ATLA Press, 1993.

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Jacobs, George. Professional malpractice. [St. Paul, Minn.]: Thomson/West, 2007.

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New York (State). Dept. of Health, red. Patients, doctors, and lawyers: Medical injury, malpractice litigation, and patient compensation in New York : a report. [Cambridge, Mass.?]: President and Fellows of Harvard College, 1990.

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Daniels, Stephen. Why kill all the lawyers?: Repeat players and strategic advantage in medical malpractice claims. Chicago: American Bar Foundation, 1992.

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Study, Harvard Medical Practice. Patients, doctors, and lawyers: Medical injury, malpractice litigation, and patient compensation in New York : the report of the Harvard Medical Practice Study to the State of New York. New York: Harvard Medical Practice Study, 1990.

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American Bar Association. Tort and Insurance Practice Section., American Bar Association. Division of Professional Education., American College of Legal Medicine. i American Bar Association. National Institute., red. Medical liability issues for lawyers, physicians, and insurers: Current trends and future directions. [Chicago, IL]: American Bar Association, 1993.

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Study, Harvard Medical Practice, red. Patients, doctors, and lawyers: Medical injury, malpractice litigation, and patient compensation in New York : the report of the Harvard Medical Practice Study to the state of New York. [Cambridge, Mass.?]: The Study, 1990.

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Johnston, Randy. Robbed at pen point: Cheated, lied to and injured by lawyers, doctors, stockbrokers, accountants, financial planners, money managers or business partners? ; prevent it from happening, get even when it does. Dallas, Tex: PSG Books, 2008.

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Dukes, M. N. G. Responsibility for drug-induced injury: A reference book for lawyers, the health professions, and manufacturers. Amsterdam: Elsevier, 1988.

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Bastianello, Alessandro. La responsabilità penale dei professionisti: Medici avvocati notai commercialisti. [Padova]: CEDAM, 2012.

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Części książek na temat "Medical Malpractice Lawyer"

Fox, Dov. "Litigation’s Limits". W Birth Rights and Wrongs, 37–52. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190675721.003.0004.

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Even negligence victims who can afford the legal fees often don’t think that suing is worth the risk, given what any good lawyer will tell them is a slim chance of recovery. Reproductive plaintiffs have had little success trying to shoehorn their complaints into a grab bag of ill-suited actions under available theories of civil liability. Some of these are cramped, like deeming lost embryos “property” or “persons”; others are jarring, as when they call a child’s birth or life “wrongful.” Courthouse claims for medical malpractice and emotional distress require showing some physical or economic harm that procreation plaintiffs can’t point to when their test results get switched or sperm samples go missing. These misadventures fall through the cracks of a legal regime that’s reluctant to recognize reproductive losses as real or serious. Facilities make few assurances that would enable victims to sue for breach of contract, and doctors are careful to decline promising any result beyond the safety of patients directly under their care—so there’s seldom any agreed-upon clause for courts to enforce against badly behaving defendants. Besides, most reproductive professionals insist that patients sign clauses shielding them from liability, whether express or implied. Half of all states bar “wrongful birth” suits against medical professionals who fail to inform pregnant women, or give them bad advice about fetal development and prognosis. Even states that allow this malpractice action fail to capture the deeper harms that reproductive negligence inflicts—and they rarely compensate psychological or dignitary harms, standing alone.

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Havighurst, Clark C. "American Health Care and the Law". W The Privatization of Health Care Reform, 1–21. Oxford University PressNew York, NY, 2002. http://dx.doi.org/10.1093/oso/9780195108682.003.0001.

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Abstract Once upon a time, the U.S. health care industry was not beset on all sides by law and lawyers. Indeed, when I first surveyed the field of health law in the late 1960s, the list of emergent legal issues in health care was quite short. In addition, the salient issues arose within relatively few fields of law, principally medical malpractice (including the area of informed consent), occupational licensure, the tort liability of hospitals, abortion, prescription drug development, human experimentation, and several other aspects of what we now call bioethics.

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