Medical Malpractice: How to Prevent and Survive a Suit

by Richard J. Nasca, M.D.; Lee A. Whitehurst, M.D., J.D.; Louise B. Andrew, M.D., J.D., F.A.C.E.P.; David E. Attarian, M.D., F.A.C.S., Editors

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"A source of valuable information...should certainly help any physician who is currently in the midst of a lawsuit and those who simply want to be less mystified by the legal process." --AAOS Bulletin

"In these litigious times, every doctor should read this book, whether they are currently facing a suit or not!"

Medical Malpractice: How to Prevent and Survive a Suit

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The purpose of this book is to provide physicians with a reliable and easily readable source of information on preventing a medical malpractice lawsuit. If one occurs, we hope this book provides information useful to the doctor defendant.

Time proven techniques for managing your practice and handling difficult patients may help the reader to avoid entanglement in the legal process. An understanding of the rules and procedures of the courts and insurance and attorney-client roles will provide the reader with useful knowledge in the event of a malpractice claim. Litigation stress management techniques including specific self-care recommendations provide a personal, and sometimes vital, cushion of support during this critical time.

This book has been written by experienced medical practitioners as well as individuals with degrees in both medicine and law. We have also obtained valuable input from plaintiff and defense attorneys, as well as from individuals with experience in insurance, state medical board regulatory law and advocacy, physician well-being, and financial planning.

The authors and editors believe that the information provided in this book will assist physicians in practicing their profession with more enthusiasm and confidence and with less anxiety, fear and frustration.

Edited by:

Richard J. Nasca, M.D.
Lee A. Whitehurst, M.D., J.D.
Louise B. Andrew, M.D., J.D.
David E. Attarian, M.D.

» View Full Table of Contents [PDF]

1. What Triggers a Patient to Sue His Physician
2. Ways to Avoid Malpractice
3. Creating Medical Records That Are Suit-Resistant
4. How to Document Patient Discussions and Operative and Procedure Permits and Properly Dismiss a Patient from Your Practice
5. Standard of Care
6. Proximate Cause
7. What You Should Know about HIPAA
8. Personality Characteristics of the Litigating Patient
9. How to Structure Your Office to Avoid Malpractice
10.Avoiding Complications and Managing Risk
11. Anatomy of a Lawsuit
12.What a Plaintiff's Attorney Looks for in a Malpractice Case
13. Players in the Malpractice Arena
14. Evaluating You Assigned Attorney
15. Personal Legal Representation during Medical Malpractice Defense
16. The Deposition - a Place of Great Danger and Great Opportunity
17. Participating in Your Own Defense
18. When the Expert Is Not an Expert
19. Alternative Dispute Resolution
20. Attending Trial
21. Settlement of Medical Malpractice Cases
22. Matters before the Medical Board
23. The Criminalization of Medical Errors
24. Reaction to a Claim: How a Malpractice Suit Affects You
25. Managing Medical Malpractice Stress
26. Trends in Malpractice Litigation
27. Counterclaims as a Strategy to Combat Frivolous Malpractice Suits
28. Lessons Learned the Hard Way
29. Asset-Protection Techniques
30. Medical Professional Liability Insurance

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