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

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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 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.


Appetite and Its Discontents

Appetite and Its Discontents

Author: Elizabeth A. Williams

Publisher: University of Chicago Press

Published: 2020-03-26

Total Pages: 444

ISBN-13: 022669304X

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Why do we eat? Is it instinct? Despite the necessity of food, anxieties about what and how to eat are widespread and persistent. In Appetite and Its Discontents, Elizabeth A. Williams explores contemporary worries about eating through the lens of science and medicine to show us how appetite—once a matter of personal inclination—became an object of science. Williams charts the history of inquiry into appetite between 1750 and 1950, as scientific and medical concepts of appetite shifted alongside developments in physiology, natural history, psychology, and ethology. She shows how, in the eighteenth century, trust in appetite was undermined when researchers who investigated ingestion and digestion began claiming that science alone could say which ways of eating were healthy and which were not. She goes on to trace nineteenth- and twentieth-century conflicts over the nature of appetite between mechanists and vitalists, experimentalists and bedside physicians, and localists and holists, illuminating struggles that have never been resolved. By exploring the core disciplines in investigations in appetite and eating, Williams reframes the way we think about food, nutrition, and the nature of health itself..


Employment Practices Decisions

Employment Practices Decisions

Author:

Publisher:

Published: 2004

Total Pages: 1652

ISBN-13:

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A full-text reporter of decisions rendered by Federal and State courts throughout the United States on Federal and State employment practices problems.


Mason and McCall Smith's Law and Medical Ethics

Mason and McCall Smith's Law and Medical Ethics

Author: Kenyon Mason

Publisher: Oxford University Press, USA

Published: 2013-06-06

Total Pages: 776

ISBN-13: 0199659907

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This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. Offering medical as well as legal facts, it provides thorough coverage of all of the topics found on medical law courses, and in depth analysis of recent court decisions, encouraging students to think analytically about the subject


The Law of Higher Education, 2 Volumes

The Law of Higher Education, 2 Volumes

Author: William A. Kaplin

Publisher: John Wiley & Sons

Published: 2006-08-18

Total Pages: 1788

ISBN-13: 0787986593

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This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues


Torts

Torts

Author: Aaron D. Twerski

Publisher: Aspen Publishing

Published: 2021-01-31

Total Pages: 1307

ISBN-13: 1543826296

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Written first and foremost as a teaching tool, Torts: Cases and Materials, is a casebook that engages students without avoiding the hard questions. Modeled on the venerable Prosser casebook, but intended to be modern, accessible, and yet sophisticated, this book consistently gets high marks from students for being clear, user-friendly, and not playing hide-the-ball like so many other casebooks. Challenging hypotheticals and authors’ dialogues engage students while allowing instructors to probe more deeply into ambiguous or developing areas of law. The book’s manageable length makes it ideal for a three- to four-hour introductory Torts course. New to the Fifth Edition: Cases that are judiciously edited, so as to let the judges’ voices be heard, along with the inclusion of dissenting opinions where important. Numerous recent cases have been added both in the notes and as principal cases, while old material has been pruned back to reduce unnecessary bulk. Continued integration of the Third Restatement throughout the book, including caselaw development following the new Restatement (particularly in the area of foreseeability, duty, and proximate cause). Professors and student will benefit from: Text designed to clarify the law, not further befuddle students. Explanations, note cases, and hypotheticals that are aimed at increasing understanding. Writing style written in a conversational manner to be plain-spoken and transparent about both the law and the authors’ pedagogical goals.