Medical Malpractice: Law, Tactics, and Ethics
From practical to philosophical considerations, this succinct, clear presentation of medical malpractice issues is a valuable resource for the classroom and the reference shelf. Frank M. McClellan illustrates the multitude of considerations that impact the merit of each case, never losing sight of the importance of preserving human dignity in malpractice lawsuits.
Early chapters urge the evaluation of legal, medical, and ethical standards, especially the Standard of Care. Part II focuses on assessing and proving compensatory and punitive damages, Part III sets out guidelines for intelligence gathering, medical research, choosing expert witnesses, and preparing for trial.
Students of law, medicine, and public health, as well as lawyers and health care professionals, will find in Medical Malpractice a valuable text or reference book. "Problems" in twelve of the thirteen chapters illustrate the range of issues that can arise in malpractice suits. An appendix lists leading cases that have shaped medical malpractice law.
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Threshold Considerations When Doctors and Patients Collide
The Lawyers Duty of Care
The Common Law of Medical Malpractice
Discovering and Proving the Standard of Care in a World of Specialization
Economics Ethics and the Standard of Care Emerging Issues
Tort Reform Legislation Courts and State Constitutions
Assessing and Proving Damages
Assessing and Proving Compensatory Damages
Choosing and Using an Effective Expert Witness
Special Problems Related to Therapeutic Druginduced Injuries
Multiple Parties Issues Concerns and Strategies
Preparing for Trial Integrating Law and Medicine
Suggested Readings in Case Law