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Analyzing A Medical Malpractice Case

Analyzing A Medical Malpractice Case. Analyzing Appeals Cases. Does the plaintiff get money from the ruling? What is not in the case? Settling parties Unappealed issues What is the timeline of the facts? What is the legal issue? How does the ruling deal with the legal issue?.

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Analyzing A Medical Malpractice Case

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  1. Analyzing A Medical Malpractice Case

  2. Analyzing Appeals Cases • Does the plaintiff get money from the ruling? • What is not in the case? • Settling parties • Unappealed issues • What is the timeline of the facts? • What is the legal issue? • How does the ruling deal with the legal issue?

  3. Who Drives the Litigation Machine? • Plaintiffs' lawyers have the burden of finding and bringing the cases • Running cases • Lots of conflicts, some prosecutions • Defense lawyers have to hustle insurance companies and medical businesses • Just as ruthless, but more dignified

  4. What is the Starting Point? • Damages • Injury • More loveable than the defendants • A person with legal standing to bring the claim • The prima facie case you have to present to jury to be allowed to get a verdict • Usually defined by the jury instructions • The expert testimony to establish standard of care, breech, and causation

  5. Identifying Plaintiffs • Who is the patient? • Who else is claiming an injury? • Spouse/Ex-spouse? • Parents? • Common law relatives? • Bystanders? • Who has the legal right/duty to bring a claim? • What are the conflicts of interest? • Who can you trust? • Are you sure?

  6. Physician Defendants • Who does the patient think did wrong? • Who was the primary physician? • Where there any consultants? • Where there any hospital based physicians? • You will need to review the records carefully to look for hidden physicians • What are the legal relationships between the physicians and with any employers or contractors?

  7. Non-Physician Defendants • Paramedical personnel • Nurse practitioners? • Physician's assistants? • Nurse anesthetists? • Other paramedical personnel • Who is the employer? • Who has the legal duty to supervise?

  8. Corporate Defendants • Hospital • Vicarious liability for employees • Negligent supervision or retention of contractors • Laboratories • Product manufacturers and sellers

  9. Proof = Facts • You win cases on facts and expert testimony, not on tort theories • Where do you find facts? • Medical records • Witness interviews • Informers • Detectives

  10. Physician office records • Patient charts • Appointment books • Any other records • Physician's personal diary and records

  11. Hospital records • Chart • Nurses' notes • Physician's notes • Physician's orders • Vital signs • Tests • Consent forms

  12. Off-chart records • Private notes by staff • Cardex • Pharmacy records • Lab records • Risk management records • Billing office records • Pharmacy records • Independent lab records

  13. Fact Witnesses • Who knows something? • Who did they tell?

  14. What was the negligence? • Systems errors? • Individual negligence? • Cover-up? • Bad faith?

  15. Timeline Analysis • Grid • Who knew what and when? • Be able to show the jury the timeframe

  16. Timeline Analysis

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