Medical Malpractice Risk Management

Authors: Vicente Franklin Colon, MD, James Scheper, JD, and Nicholas Bunch, JD

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Medical Malpractice Risk Management

A physician executive and two trial lawyers have collaborated on this thorough, easy-to-read trip through the entire medical malpractice minefield, from notification of a lawsuit through its final settlement. The goal of the authors is to ensure that the physician defendant is aware of all the potential traps in the litigation process. The book arms the physician defendant for all stages of the process and provides an understanding of exactly what each of those stages is meant to accomplish.

107 Pages © 2001

Table of Contents

Chapter 1
The Origins of Medical Malpractice

• Basic Elements of the Process
• Torts

Chapter 2
Litigation

• The Initial Stages
• Pretrial Motions
• The Process of Discovery-The Search for the Truth
• Alternative Dispute Resolution
• Pretrial Conference
• The Trial-Getting Ready for the Big Contest
• The National Practitioner Data Bank

Chapter 3
Physician Responsibilities

• Informed Consent
• Vicarious Liability
• Failure to Diagnose or Treat Properly
• The Differential Diagnosis
• Medical Battery
• Abandonment
• Confidentiality
• Some Special Confidentiality Issues
• Consultations and Referrals
• The Medical Record

Chapter 4
Specific Preventive Strategies

• Preventing Malpractice Claims: The Science and the Art
• How to Avoid Staff-Created Malpractice Problems
• Obligations and Burdens of Providing Preventive Care
• Dealing with Conflict
• Advance Directives