Medical Malpractice Understanding The Law Managing The Risk

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.

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 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.

Books such as this one are deceptively difficult to create. The general subject is neither happy, nor easy, nor most anyone’s idea of fun. M- practice litigation, however, has become a central fact of existence in the practice of medicine today. This tsunami of lawsuits has led to a high volume of irreconcilable rhetoric and ultimately threatens the stability of the entire health care system. Our goal has been to provide a source of reliable information on a subject of importance to all who provide me- cal care in the United States. The book is divided into four sections. Part I gives an overview of insurance in general and discusses the organization of professional - ability insurance companies in particular. Part II focuses on the litigation process itself with views from the defense and plaintiff bar, and the physician as both expert and defendant. Part III looks at malpractice litigation from the viewpoint of the practicing physician. Some of the chapters are broadly relevant to all doctors—the rise of e-medicine, and the importance of effective communication, for example. The other ch- ters are constructed around individual medical specialties, but discuss issues that are of potential interest to all. Part IV looks ahead. “The Case for Legal Reform” presents changes in medical-legal jurisprudence that can be of immediate benefit. The final two chapters take a broader perspective on aspects of our entire health care system and its interface with law and public policy.

Outlines the attitudes, knowledge and skills important to medical care risk management and liability. Provides recommendations that indicate ways to help reduce the incidence of malpractice claims. Addresses the patient-provider relationship, legal definitions, patients rights issues, informed consent, documenting and protecting medical records, issues of physician competence, the most frequent allegations found in IHS/tribal malpractice claims, the Fed. Tort Claims Act and claims processing, malpractice reporting agencies, and malpractice suits against individuals. Includes sample affidavits, and a list of risk mgmt. do's and don'ts.

Reduce your risk of costly litigation! Written in easy-to-understand language by a team of medical doctors who are also attorneys at law, this handbook addresses the issues surrounding the growing incidence of medical malpractice. It examines the scenarios that can result in a malpractice suit, the best actions to take during the course of litigation, and the most effective ways to minimize your legal liabilities. Access the expert guidance of top professionals across medical and legal fields in an easy-to-read format. Review the legal aspects of nearly every medical topic that impacts health care professionals. Quickly see how to minimize your legal liabilities with the aid of "Golden Rule" boxes. Understand the different types of malpractice suits and the physician's position and defense in each. See how concepts apply to specific scenarios through abundant case studies. Explore specific legal considerations for each medical specialty.

What is it like to be sued for medical malpractice? Bad medical outcomes traumatize patients but they also traumatize physicians. The litigation that often follows is a profoundly human, rather than just a legal experience. Although every physician's case is different, this book shows how each case goes through the same judicial stages of complaint, discovery, depositions, motions, and delays that lead to trial, settlement, or being dropped. It also gives doctors an understanding of how lawyers think and work to help defendants. Written by a physician and a lawyer, the book provides unique insights - through real-life stories - into the personal experience of litigation as well as recommendations for dealing with each of the legal process. It also includes up-to-date reviews of HIPAA legislation, the controversial subject of disclosure, and recent developments in the law affecting medical practitioners. Only about thirty percent of plaintiffs win their cases against doctors, but the journey from bedside to witness stand tests both the personal character and the professional skills of those accused. This well-documented book will help doctors understand and navigate the legal system while honoring their own ideals and emerging changed but stronger from the experience.

This book is a toolkit for healthcare providers to confidently develop an in-depth understanding of how medicine, business, and law overlap and to gain the insights to feel empowered to make improved decisions.