The Preparation and Trial of Medical Malpractice Cases (Loose Leaf)

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The Preparation and Trial of Medical Malpractice Cases treats a case as a continuous process, from interviewing the client to closing argument. It offers comprehensive coverage of the questions surrounding health maintenance organizations, including case law on the right to sue an HMO as well as its participating physicians.

You'll find discussion of: how to recognize a meritorious case; the doctrine of alternative liability; the evidentiary value of FDA approval or non-approval; the continuing treatment doctrine; state statutes regarding motion practice; malpractice liability of alternative medical practitioners; the admissibility of evidence comparing physicians' risk statistics to those of other physicians; use of expert testimony to establish res ipsa loquitur in negligence; the modified standard of proximate cause when a physician's negligence exacerbates a patient's existing condition; violation of the duty to disclose information; contributory negligence in informed consent; distinguishing between medical malpractice and ordinary negligence; liability of nurses; and more. Appendices demonstrate how to analyze a medical brief, depose and examine the defendant physician, and elicit testimony from your own expert witness. Also included are a sample Bill of Particulars, a sample jury charge and a list of Web sites to assist your medical research.

About the Author

Richard E. Shandell was for many years the senior partner of the law firm Shandell, Blitz, Blitz & Ashley, LLP and is located in the New York office. He is the past President of the New York State Trial Lawyers Association and serves as a Dean of the New York State Trial Lawyers Institute. He is a graduate of the University of Pennsylvania and Columbia Law School. Patricia Smith (deceased) was a member of the New York State Bar. Fredrick A. Schulman, Esq., is the founding partner of the New York City law firm Schulman Blitz, LLP. He has successfully litigated hundreds of complex medical malpractice cases. He is a cum laude graduate of the State University of New York at Binghamton and Brooklyn Law School. Mr. Schulman is admitted to practice in the courts in the State of New York, as well as in the United States District Court for the Southern and Eastern Districts of New York. He is a member of the American Association for Justice, the New York State Trial Lawyers Association, the New York State Bar Association and the New York County Lawyers Association.

Product Details
ISBN: 9781588520081
ISBN-10: 1588520080
Publisher: Law Journal Press
Publication Date: March 28th, 2017
Pages: 550
Language: English
Series: Litigation