Healthcare Law

Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional's liability in negligence towards a wide variety of non-patients.

Reliable source on medical liability law. Written by experts in the field, this Nutshell offers insight on establishing professional relationships and examines negligence-based claims, intentional torts, causation, damages, affirmative defenses, limitations, immunities, and liabilities. It also provides an overview of medical care liability issues affecting hospitals and managed care organizations.

"Hospital Liability is a thorough and up-to-date working tool for the litigator/practitioner. You'll want to have it on hand before your next prospective client walks into your office." --Fred Queller of Queller, Fisher, Dienst, Serrins, Washor & Kool, LLP, New York, former president of the New York State Trial Lawyers Association Whether you represent hospitals, physicians or their patients, this acclaimed publication analyzes the impact of the latest statutes, regulations, cases and trends. Hospital Liability explores issues such as: HMO liability for medical malpractice; nonmedical liability; liability for negligent ambulance service; state rulings on recovery for the wrongful death of a fetus; hospital liability for an infant's injuries in a delayed C-section; informed consent and damages for both disclosed and undisclosed complications; standards for alternative methods of blood conservation and use; punitive damages; reporting and evidence preservation requirements in child abuse and sexual assault cases; pregnancy-related actions; blood services, anesthesia, radiology, surgery, autopsy, and donation liability; hospital liability for the acts of a private physician; the degree to which the hospital owes an independent duty of care to the patient; hospital antitrust liability; the "right to die," including a discussion of decision-making tools such as living wills and durable powers of attorney; liability insurance; and tort reform. Hospital Liability analyzes theories of liability for the abuse and neglect of nursing home residents as well as the use of class action lawsuits to improve conditions. This timely book also includes coverage of: Modified Uniform Rights of the Terminally Ill Act for removal of life support, nutrition and hydration; the Emergency Medical Treatment and Active Labor Act (EMTALA); a report by the Institute of Medicine on improving the safety of medical treatment; expansion of HMO liability; employment issues for hospitals, including discrimination against disabled persons and sex discrimination; whether a defendant can be his own expert witness; expert testimony on the general practitioner standard of health care; Good Samaritan statutes and medical emergencies; the effect of "AIDS Phobia" on patients and physicians; and the duty of the medical provider to disclose an economic or personal interest in a recommended procedure.

With the rise in health law litigation, particularly due to the COVID-19, litigators will need to understand the specific issues inherent in this topic. This book is a practical guide for lawyers who are either just starting out in practicing health law or handling a case in an unfamiliar area. Topics covered include:·Malpractice Litigation·Long-Term Care Litigation·Medical Device Litigation·Recovery of Damages·Medical Experts·And More!

Books such as this one are deceptively difficult to create. The general subject is neither happy, nor easy, nor most anyone's idea of fun. M- practice litigation, however, has become a central fact of existence in the practice of medicine today. This tsunami of lawsuits has led to a high volume of irreconcilable rhetoric and ultimately threatens the stability of the entire health care system. Our goal has been to provide a source of reliable information on a subject of importance to all who provide me- cal care in the United States. The book is divided into four sections. Part I gives an overview of insurance in general and discusses the organization of professional - ability insurance companies in particular. Part II focuses on the litigation process itself with views from the defense and plaintiff bar, and the physician as both expert and defendant. Part III looks at malpractice litigation from the viewpoint of the practicing physician. Some of the chapters are broadly relevant to all doctors--the rise of e-medicine, and the importance of effective communication, for example. The other ch- ters are constructed around individual medical specialties, but discuss issues that are of potential interest to all. Part IV looks ahead. "The Case for Legal Reform" presents changes in medical-legal jurisprudence that can be of immediate benefit. The final two chapters take a broader perspective on aspects of our entire health care system and its interface with law and public policy.

EMERGENCY MEDICINE MALPRACTICE, Second Edition gives you insight in 'plain English' on a broad variety of emergency medical procedures and recommended treatments for virtually all major injuries and situations (and many less common ones) seen in emergency department practices today. EMERGENCY MEDICINE MALPRACTICE helps to provide an understanding of the appropriate diagnosis and treatment in an emergency room. In addition to medical analysis and accepted ER procedures, this book also examines the legal aspects of those same procedures in each chapter, providing practice tips from five leading trial attorneys in the field. Sample plaintiff and defense documents are also included.