New Jersey Medical Malpractice Law 2020
New Jersey Medical Malpractice Law 2020

Author: Jonathan H. Lomurro

Publisher: New Jersey Law Journal

Published: 2019-06-28

Total Pages: 1300

ISBN-13: 9781628816167

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New Jersey Medical Malpractice Law provides a comprehensive, reader-friendly guide for all medical malpractice practitioners. Discretely focused subheadings allow users to precisely pinpoint relevant discussions, and footnotes highlight helpful resources and explanations. The chapters address issues as they commonly arise through the litigation process--from considering the elements of a malpractice cause of action, through investigating and preparing a case, to managing trial issues. Chapters are organized to address the issues as they commonly arise for the practicing attorney through the litigation process, from evaluation of potential claims and consideration of the elements of a malpractice cause of action, through pretrial investigation and case preparation, and finally, to the trial. Footnotes provide helpful explanatory information and resources, and add to the ease of finding answers quickly. Descriptive and discretely focused subheadings allow the reader to pinpoint precisely the discussion most relevant to his or her concerns. Practice pointers appear at the end of each chapter to aid in navigating complex medical malpractice cases. Chapters 1 and 2 discuss the first essential component of medical malpractice causes of action, the breach of a health care provider's duty of care or failure to obtain informed consent. Chapter 3 addresses related but distinct causes of action such as assault and battery, fraud, breach of contract, medical records alteration or destruction and sexual misconduct. Chapters 4 and 5 discuss the second and third essential components of malpractice cases, causation, and damages. Chapter 4 has been revised to keep pace with the evolving complex case law governing proof of proximate causation in cases involving pre-existing injuries, delayed cancer diagnoses and avoidable consequences. Chapter 5 discusses damages claims in general, and those particular to malpractice and wrongful death causes of action. Chapters 6 through 9 deal with issues related to pretrial proceedings and trial of malpractice cases, including pre-suit investigation of such claims. Chapter 7 has been revised to discuss the rapidly changing case law regarding the affidavit of merit, pretrial discovery, and presents an extremely thorough discussion of expert testimony, particularly as it evolves through the implementation of the New Jersey Medical Care Access and Responsibility and Patients First Act. These chapters also examine the pleadings, defenses including the statute of limitations, voir dire and jury charges specific to malpractice cases. Finally, Chapter 10 provides a thorough discussion of the federal and New Jersey statutes and regulations regarding electronic medical records. ,

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Act of Faith
Act of Faith

Author: Stephen Rubino

Publisher: Dorrance Publishing

Published: 2021-11-04

Total Pages: 606

ISBN-13: 1639371389

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Act of Faith: America's longest running criminal conspiracy perpetrated against children By: Stephen Rubino www.actoffaithbook.com About the Book In his debut novel, trial attorney Stephen Rubino takes the reader on an electrifying journey of deceit, intrigue, tragedy, passion and ultimate redemption. At the intersection of the sacred and the profane, Act of Faith dissects the Vatican’s complicity in America’s longest criminal conspiracy perpetrated against children. This multi-generational family saga is richly portrayed through an ensemble cast of unforgettable characters, revealing the secret world of the Vatican’s sheltering of sexual predators to avoid bringing scandal to the faithful. Act of Faith offers an unflinching account of the still emerging sexual abuse scandal plaguing the Catholic Church and its impact on the survivors and their families across America. The story chronicles the lives of siblings Francis and Elizabeth Natale, who suffer unspeakable psychological damage after being sexually abused by their trusted parish priest. As adults, Francis and Elizabeth become estranged, each hiding their secrets in dangerous double lives. He as a gifted pianist and sexually conflicted Catholic priest, she as a reckless but highly successful trial attorney. After resigning her partnership in a major New York City law firm, Elizabeth sets out to uncover the roots of the abuse scandal and to exact her personal revenge. On a serendipitous road trip across the country, Elizabeth confronts her lifelong demons and forms an unlikely alliance with Father Thomas Atkinson, her long lost high school love who has become a Vatican whistleblower. After a tense reunion with Francis, the trio enters the super-charged environment of high stakes litigation, exposing the Church’s centuries old practice of hiding sexual predators in plain sight from the religious faithful and law enforcement. Together, the trio brings to the courthouse steps the first Federal Civil Racketeering lawsuit against the Catholic Church.

Legal Malpractice Law
Legal Malpractice Law

Author: Vincent Johnson

Publisher: West Academic Publishing

Published: 2021-08-11

Total Pages: 720

ISBN-13: 9781647082857

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Legal Malpractice Law is a practical, problem-oriented text designed for use in elective courses on Legal Malpractice, Professional Liability, or Advanced Legal Ethics. It may also be used in required Professional Responsibility courses that want to focus more on malpractice liability than on lawyer discipline. Each chapter includes explanatory text that relies on recent cases, code provisions, statutes, and commentary. A small number of tightly edited principal cases offer insight into the current state of legal malpractice law. The problems, including many that are based on actual controversies, deal with liability concerns that practitioners encounter. The book examines claims brought by clients and non-clients. It also integrates malpractice prevention lessons. Relevant ethics rules are discussed.

Medical Care Law
Medical Care Law

Author: Edward P. Richards

Publisher: Jones & Bartlett Learning

Published: 1999

Total Pages: 538

ISBN-13: 9780834216037

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A legal reference for practicing physicians is a necessary adjunct to their professional practice library in today's highly regulated and litigious world. Medical Care Law was written to help practicing physicians avoid legal conflicts, and to prevent legal problems rather than treat them. Written with the practicing physician in mind, this book is also valuable to a variety of health professionals, including physician executives, medical directors, nurse administrators, advanced practice nurses, case managers, risk managers, legal nurse consultants, health care administrators, public health professionals, and attorneys. In addition To The traditional legal issues affecting medical practitioners, Medical Care Law addresses the legal pitfalls in today's volatile health care landscape, including managed care, health care fraud and abuse, compliance plans, and working with non-physician providers.

Healthcare and Human Dignity
Healthcare and Human Dignity

Author: Frank M. McClellan

Publisher: Rutgers University Press

Published: 2019-12-13

Total Pages: 203

ISBN-13: 1978802978

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The individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient’s need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan’s collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.

Laws of Medicine
Laws of Medicine

Author: Amirala S. Pasha

Publisher: Springer Nature

Published: 2022-09-07

Total Pages: 548

ISBN-13: 3031081625

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This book provides an overview of the US laws that affect clinical practice for healthcare professionals with no legal background. Divided into thirteen sections, each chapter starts with a summary of the chapter’s content and relevant legal concepts in bullet points before discussing the topics in detail. An application section is provided in many chapters to clarify essential issues by reflecting on clinically relevant case law or clinical vignette(s). Filling a crucial gap in the literature, this comprehensive guide gives healthcare professionals an understanding or a starting point to legal aspects of healthcare.

Birth Settings in America
Birth Settings in America

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2020-05-01

Total Pages: 369

ISBN-13: 0309669820

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The delivery of high quality and equitable care for both mothers and newborns is complex and requires efforts across many sectors. The United States spends more on childbirth than any other country in the world, yet outcomes are worse than other high-resource countries, and even worse for Black and Native American women. There are a variety of factors that influence childbirth, including social determinants such as income, educational levels, access to care, financing, transportation, structural racism and geographic variability in birth settings. It is important to reevaluate the United States' approach to maternal and newborn care through the lens of these factors across multiple disciplines. Birth Settings in America: Outcomes, Quality, Access, and Choice reviews and evaluates maternal and newborn care in the United States, the epidemiology of social and clinical risks in pregnancy and childbirth, birth settings research, and access to and choice of birth settings.

Legal and Ethical Issues for Health Professionals
Legal and Ethical Issues for Health Professionals

Author: George D. Pozgar

Publisher: Jones & Bartlett Learning

Published: 2019-01-07

Total Pages: 464

ISBN-13: 1284144186

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Legal and Ethical Issues for Health Professionals, Fifth Edition is a concise and practical guide to legal and ethical dilemmas facing healthcare professionals in the real-world today. Thoroughly updated and featuring new case studies, this dynamic text will help students to better understand the issues they will face on the job and the implications in the legal arena. With contemporary topics, real-world examples, and accessible language, this comprehensive text offers students an applied perspective and the opportunity to develop critical thinking skills. Legal and Ethical Issues for Health Professionals provides an effective transition from the classroom to the reality of a clinical environment.