Medical Malpractice

An essential treatise and complete litigation guide to proving or defending against malpractice claims.

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Print Book:7 looseleaf volumes
ISBN: 9780820513706
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4th Edition
ISBN: 9781579116903
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4th Edition
ISBN: 9781579116903
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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