Adverse Events, Stress, and Litigation

Adverse Events, Stress, and Litigation PDF

Author: Sara C. Charles M.D.

Publisher: Oxford University Press

Published: 2005-04-14

Total Pages: 288

ISBN-13: 019029132X

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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.

How to Survive a Medical Malpractice Lawsuit

How to Survive a Medical Malpractice Lawsuit PDF

Author: Ilene R. Brenner

Publisher: John Wiley & Sons

Published: 2010-05-10

Total Pages: 181

ISBN-13: 1444331302

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Everyone seeks to avoid getting into a lawsuit, but what do you do if this does happen? Getting sued for medical malpractice is one of the most traumatic events of a physician's career. This text will guide doctors and physicians through the process from the moment they receive a summons until the after-trial appeal process. Containing valuable information that physicians need to know to prevent making critical mistakes that can hurt their case With strategies explained to maximize their chances of a defendant's verdict. Including vital information on how to change your attorney, act at the deposition and dress for court, Navigating through what is a mysterious and terrifying process in non-legalese language that is easy to understand including what makes patients angry, strategies for coping, sample questions and tips on answering them to what happens in court and how to continue if there is a bad outcome.

When Good Doctors Get Sued

When Good Doctors Get Sued PDF

Author: Angela M. Dodge

Publisher:

Published: 2006-02-01

Total Pages: 139

ISBN-13: 9780977751105

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Guidebook for healthcare providers preparing themselves to defend against malpractice lawsuits. Practical advice and many examples for preparation for deposition or trial testimony. Focus on listening and responding to questions, and dealing with litigation stress.

The Medical-Legal Aspects of Acute Care Medicine

The Medical-Legal Aspects of Acute Care Medicine PDF

Author: James E. Szalados

Publisher: Springer Nature

Published: 2021-04-02

Total Pages: 694

ISBN-13: 3030685705

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The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a comprehensive resource intended to provide a state-of-the-art overview of complex ethical, regulatory, and legal issues of importance to clinical healthcare professionals in the area of acute care medicine; including, for example, physicians, advanced practice providers, nurses, pharmacists, social workers, and care managers. In addition, this book also covers key legal and regulatory issues relevant to non-clinicians, such as hospital and practice administrators; department heads, educators, and risk managers. This text reviews traditional and emerging areas of ethical and legal controversies in healthcare such as resuscitation; mass-casualty event response and triage; patient autonomy and shared decision-making; medical research and teaching; ethical and legal issues in the care of the mental health patient; and, medical record documentation and confidentiality. Furthermore, this volume includes chapters dedicated to critically important topics, such as team leadership, the team model of clinical care, drug and device regulation, professional negligence, clinical education, the law of corporations, tele-medicine and e-health, medical errors and the culture of safety, regulatory compliance, the regulation of clinical laboratories, the law of insurance, and a practical overview of claims management and billing. Authored by experts in the field, The Medical-Legal Aspects of Acute Care Medicine: A Resource for Clinicians, Administrators, and Risk Managers is a valuable resource for all clinical and non-clinical healthcare professionals.

The Hollow Hope

The Hollow Hope PDF

Author: Gerald N. Rosenberg

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 541

ISBN-13: 0226726681

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In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

Taking Action Against Clinician Burnout

Taking Action Against Clinician Burnout PDF

Author: National Academies of Sciences, Engineering, and Medicine

Publisher: National Academies Press

Published: 2020-01-02

Total Pages: 335

ISBN-13: 0309495474

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Patient-centered, high-quality health care relies on the well-being, health, and safety of health care clinicians. However, alarmingly high rates of clinician burnout in the United States are detrimental to the quality of care being provided, harmful to individuals in the workforce, and costly. It is important to take a systemic approach to address burnout that focuses on the structure, organization, and culture of health care. Taking Action Against Clinician Burnout: A Systems Approach to Professional Well-Being builds upon two groundbreaking reports from the past twenty years, To Err Is Human: Building a Safer Health System and Crossing the Quality Chasm: A New Health System for the 21st Century, which both called attention to the issues around patient safety and quality of care. This report explores the extent, consequences, and contributing factors of clinician burnout and provides a framework for a systems approach to clinician burnout and professional well-being, a research agenda to advance clinician well-being, and recommendations for the field.

Roberts Academic Medicine Handbook

Roberts Academic Medicine Handbook PDF

Author: Laura Weiss Roberts

Publisher: Springer Nature

Published: 2019-12-31

Total Pages: 595

ISBN-13: 3030319571

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This authoritative, updated and expanded title serves as the gold-standard resource to assist physicians, clinicians, and scientists in developing effective and satisfactory careers in academic medicine. Covering such critical topics as finding one's path in academic medicine, getting established at an institution, approaching work with colleagues, writing and reviewing manuscripts, conducting empirical research, developing administrative skills, advancing one's academic career, and balancing one's professional and personal life, each chapter includes valuable career pointers and best practice strategies, as well as pithy words to the wise and questions to ask a mentor or colleague. Building on the success of the first edition, the Roberts Academic Medicine Handbook: A Guide to Achievement and Fulfillment for Academic Faculty, 2nd Edition includes new case examples and updated references, as well as many new and timely chapters on topics such as public speaking, working with the media, working with community-based organizations, philanthropy, and finding meaning and a sense of belonging in one's work. The Roberts Academic Medicine Handbook, 2nd Edition is an indispensable resource for all professionals entering or already established in academic medicine who wish to achieve a fulfilling career.

Safe Medical Devices for Children

Safe Medical Devices for Children PDF

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2006-01-20

Total Pages: 481

ISBN-13: 0309096316

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Innovative medical devices have helped reduce the burden of illness and injury and improve the quality of life for countless children. Mechanical ventilators and other respiratory support devices rescue thousands of fragile newborns every year. Children who once would have died of congenital heart conditions survive with the aid of implanted pacemakers, mechanical heart valves, and devices that close holes in the heart. Responding to a Congressional request, the Institute of Medicine assesses the system for postmarket surveillance of medical devices used with children. The book specifically examines: The Food and Drug Administration's monitoring and use of adverse event reports The agency's monitoring of manufacturers' fulfillment of commitments for postmarket studies ordered at the time of a device's approval for marketing The adequacy of postmarket studies of implanted devices to evaluate the effects of children's active lifestyles and their growth and development on device performance Postmarket surveillance of medical devices used with children is a little investigated topic, in part because the market for most medical products is concentrated among older adults. Yet children differ from adults, and their special characteristics have implications for evaluation and monitoring of the short- and long-term safety and effectiveness of medical devices used with young patients.

Posttraumatic Stress Disorder in Litigation

Posttraumatic Stress Disorder in Litigation PDF

Author: Robert I. Simon

Publisher: American Psychiatric Pub

Published: 2008-08-13

Total Pages: 269

ISBN-13: 1585627534

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The terrorist attacks on the World Trade Center in September 2001 turned PTSD into a household word. But posttraumatic stress disorder has been documented throughout history: For example, as long ago as 1666, Samuel Pepys wrote in his diary that he still had night terrors 6 months after the great fire of London. PTSD, officially recognized as a diagnosis by DSM-III in 1980, is only the most recent term used to describe the suffering of trauma victims. Few could have foreseen its profound impact on litigation. Often dubbed the "black hole" of litigation -- where allegations are relatively easy to assert but difficult to defend because the symptoms are subjective -- PTSD has deeply influenced civil and criminal law in cases ranging from malpractice and personal injury to sexual harassment and child abuse. It is thus vital for all legal parties involved that forensic examiners perform credible psychiatric and psychological examinations of PTSD claimants. Intended to add direction and discipline to the forensic assessment of PTSD litigants, this expanded second edition begins with an updated chapter on current and future trends for the role of PTSD in litigation. Chapter 2 notes the increasing evidence that exposure to multiple events not only is more common than previously thought but also increases the risk for development of PTSD following the target event. Chapter 3 details diagnostic criteria and guidelines for the forensic psychiatric examination of the PTSD claimant. Most literature discusses PTSD in adults. Chapter 4 offers a rare perspective on PTSD in children and adolescents, including parental response to the trauma, developmental effects, and delayed onset symptoms. Forensic assessment of PTSD claimants is presented in Chapter 5, followed by new chapters on disability determinants (how PTSD impairs occupational functioning) and PTSD in the workplace, where the causal relationship between employment stress and a resulting mental or emotional disorder must be determined. Chapter 8 covers guidelines for malingering in PTSD, where the claimant may be motivated by financial gain or by a reduced charge resulting from an insanity defense. A new chapter on forensic laboratory testing in PTSD presents the tantalizing potential of psychophysiologic measurement to redeem the PTSD diagnosis from its daunting subjectivity. This essential collection by 13 U.S. experts sheds important new light on forensic guidelines for effective assessment and diagnosis and determination of disability, serving both plaintiffs and defendants in litigation involving PTSD claims. Mental health and legal professionals, third-party payers, and interested laypersons will welcome this balanced approach to a complex and difficult field.

Risk Prevention in Ophthalmology

Risk Prevention in Ophthalmology PDF

Author: Marvin Kraushar

Publisher: Springer Science & Business Media

Published: 2008-02-10

Total Pages: 279

ISBN-13: 0387733418

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Being served with a lawsuit wouldn’t just ruin your day. It could ruin a clinician’s professional and personal life. Written for physicians by physicians, this important book concisely and pragmatically answers many of the questions surrounding medical malpractice. With an emphasis on clinical matters and a minimum of "legalese", this book shows ophthalmologists how to avoid law suits in the first place. It also examines what happens should litigation occur and provides insights into both defendant and plaintiff perspectives. Covering the legal issues for all of ophthalmology, here at last is a book that provides the busy clinician with the tools necessary to reduce the risk of lawsuits.