The Preparation and Trial of Medical Malpractice Cases

The Preparation and Trial of Medical Malpractice Cases

Author: Richard E. Shandell

Publisher: Law Journal Press

Published: 2018-09-28

Total Pages: 696

ISBN-13: 9781588520081

DOWNLOAD EBOOK

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 doctri≠ 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.


Handbook of Section 1983 Litigation 2013

Handbook of Section 1983 Litigation 2013

Author: Esq. Lee (David W.)

Publisher: Wolters Kluwer

Published: 2013-04-16

Total Pages: 1424

ISBN-13: 1454826894

DOWNLOAD EBOOK

If you need the short answer to a Section 1983 question, and you can't afford to waste time running down the wrong research path, turn to the Handbook of Section 1983 Litigation, 2013 Edition. This essential guide is designed as the practitioner's desk book. It provides quick and concise answers to issues that frequently arise in Section 1983 cases, from police misconduct to affirmative actions to gender and race discrimination. It is organized to help you quickly find the specific information you need whether you're counsel for the plaintiff or defendant. You will find a clear, concise statement of the law governing every aspect of a Section 1983 claim, extensive citation to legal authority, every major Supreme Court ruling on Section 1983, as well as key opinions in every circuit, and a detailed overview of case law. The Handbook of Section 1983 Litigation, 2013 Edition is written by David Lee, a practicing expert with 20 years of litigation experience. He has lectured on civil rights topics before thousands of litigators during his career, and argued four cases before the United States Supreme Court, as well as numerous cases before the Tenth Circuit Court of Appeals. This new updated 2013 Edition features coverage of recent important Section 1983 U.S. Supreme Court cases including: Skinner v. Switzer Arizona Christian School Tuition Organization v. Winn Camreta v. Greene NASA v. Nelson Connick v. Thompson Brown v. Plata Swarthout v. Cook Turner v. Rogers Duryea v. Guarnieri Arizona Free Enterprise Club's Freedom Club PAC v. Bennett Brown v. Entertainment Merchants Association Ortiz v. Jordan Fox v. Vice This is the one reference to keep at your fingertips at a hearing, trial, or deposition when dealing with Section 1983 cases.


Concepts and Procedures in Whistleblower Law

Concepts and Procedures in Whistleblower Law

Author: Stephen Kohn

Publisher: Bloomsbury Publishing USA

Published: 2000-10-30

Total Pages: 542

ISBN-13: 0313096147

DOWNLOAD EBOOK

Litigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style. Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations—and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.


Legal and Ethical Essentials of Health Care Administration

Legal and Ethical Essentials of Health Care Administration

Author: George D Pozgar

Publisher: Jones & Bartlett Learning

Published: 2024-10-23

Total Pages: 513

ISBN-13: 1284298329

DOWNLOAD EBOOK

"Legal and Ethical Essentials for Health Care Administration provides a framework for the learner to understand legal issues affecting healthcare delivery, help the reader apply evaluate and distinguish between the rightness and wrongness of alternative courses of action when faced with complex ethical dilemmas"--