Adverse Events, Stress, and Litigation: A Physician's Guide

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Oxford University Press, Apr 14, 2005 - Medical - 288 pages
What is it like to be sued for medical malpractice? Bad medical outcomes traumatize patients but they also traumatize physicians. The litigation that often follows is a profoundly human, rather than just a legal experience. Although every physician's case is different, this book shows how each case goes through the same judicial stages of complaint, discovery, depositions, motions, and delays that lead to trial, settlement, or being dropped. It also gives doctors an understanding of how lawyers think and work to help defendants. Written by a physician and a lawyer, the book provides unique insights - through real-life stories - into the personal experience of litigation as well as recommendations for dealing with each of the legal process. It also includes up-to-date reviews of HIPAA legislation, the controversial subject of disclosure, and recent developments in the law affecting medical practitioners. Only about thirty percent of plaintiffs win their cases against doctors, but the journey from bedside to witness stand tests both the personal character and the professional skills of those accused. This well-documented book will help doctors understand and navigate the legal system while honoring their own ideals and emerging changed but stronger from the experience.
 

Contents

The Making of a Defendant
A Basis for Litigation
What We Feel and
Disclosure After an Adverse Event
What Physicians Can Say About Them
Between the Event and the Lawsuit
A Prelude to Litigation
Meeting the Lawyers
Gaining a Foothold for the Defense
To Settle or Not to Settle
The Trial
Whats Next?
Closing Arguments
Case Histories
Plaintiff vs Cerullo et
Notes

Coping with the Stress Associated with Litigation

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