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The most frequently cited and respected authority in the field, this national treatise includes the most comprehensive treatment of medical malpractice law, litigation techniques and current developments in the field, both at the state and national levels. Key theories of liability, causes of action, defenses, and procedural hurdles, such as screening panels and other pre-filing requirements, are all covered. This comprehensive coverage allows for comparison of how particular jurisdictions address certain medical malpractice issues and it is particularly helpful to attorneys facing an issue of first impression in a particular jurisdiction. Additionally, individual chapters are devoted to particular specialties such as emergency medicine, obstetrics, anesthesiology, dentistry, podiatry and psychiatry. Vicarious liability, nurses and hospitals are also covered. Discovery and trial considerations are also discussed. And finally, the treatise contains an extensive Illustrative Awards chapter that breaks down jury awards and significant settlements according to the defendant's medical specialty or type of practice, as well as the type of injury or illness the plaintiff sustained.
The original authors, David W. Louisell, J.D., and Harold Williams, M.D., LL.B., were highly respected practitioners in medical malpractice litigation. The set is currently updated by practicing attorneys and Matthew Bender & Company's editorial staff.
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Table of contents
Chapter 1 The Problem of Medical Malpractice In Today's Society
Chapter 2 Insight for the Lawyer into the Practice of Medicine
Chapter 3 The Fields of Medicine--Clues to Perspective
Chapter 4 Primary Causes of Malpractice Suits
Chapter 5 "Secondary" Causes Of Malpractice Suits The World Of Words
Chapter 6 The Lawyer's Insight into Physicians' Notions of Malpractice
Chapter 7 Obtaining and Understanding Medical Facts
Chapter 8 Theories of Recovery
Chapter 9 The Defense of Malpractice Cases
Chapter 10 Settling the Medical Malpractice Case
Chapter 11 Handling the Malpractice Case for Plaintiff
Chapter 12 Handling the Malpractice Case for Defendant
Chapter 13 Statutes of Limitations in Malpractice Cases
Chapter 13A Medical Malpractice Review Panels
Chapter 14 Res Ipsa Loquitur in Medical Malpractice Cases
Chapter 15 Hospital Liability
Chapter 15A Defective Medical Devices
Chapter 15B Liability of Managed Health Care Organizations
Chapter 16 Vicarious Liability in Malpractice
Chapter 16A Nursing Negligence
Chapter 16B Malpractice in Medical Emergencies
Chapter 17 Charitable and Governmental Hospitals--Liability and Immunity
Chapter 17A Psychiatric Malpractice
Chapter 17B Dental Malpractice
Chapter 17C Podiatric Malpractice
Chapter 17D Malpractice in Chiropractic and Complementary and Alternative Medicine
Chapter 17E Radiology Malpractice
Chapter 17F Anesthesia Malpractice
Chapter 17G Obstetrics and Gynecology Malpractice
Chapter 18 Damages
Chapter 19 Recent Trends and New Causes of Action
Chapter 19A AIDS and Other Sexually Transmitted Diseases
Chapter 19B Issues in Death and Dying
Chapter 20 Medical Malpractice Insurance
Chapter 21 Good Samaritan Statutes
Chapter 22 Consent to Treatment
Chapter 22A Discovery Techniques
Chapter 22B Discovery Practice
Chapter 23 Jury Selection
Chapter 24 The Opening Statement
Chapter 25 The Direct Case
Chapter 26 Cross-examination
Chapter 27 Summation
Chapter 28 The Court's Charge
Chapter 29 The Law of Expert Testimony
Chapters 30--34 RESERVED
Chapter 35 Medical Records
Chapter 36 Evidence and Spoliation in Medical Records
Chapters 37--39 RESERVED
Chapter 40 Illustrative Awards
Table of Cases