Doctors And The Law

Overview

“In Doctors and the Law an experienced judge who has seen many physicians in court has joined with a physician who knows about courts from the physician’s point of view, to give us what appears to be the forensic Merck’s Manual. My advice to physicians is don’t leave for court without it.” —Jacob A. Stein, former president, District of Columbia Bar
Malpractice litigation is now a fact of medical life. Short of three years of law school, how is a doctor to know what to do when he or she is sued or called as an ...
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Overview

“In Doctors and the Law an experienced judge who has seen many physicians in court has joined with a physician who knows about courts from the physician’s point of view, to give us what appears to be the forensic Merck’s Manual. My advice to physicians is don’t leave for court without it.” —Jacob A. Stein, former president, District of Columbia Bar
Malpractice litigation is now a fact of medical life. Short of three years of law school, how is a doctor to know what to do when he or she is sued or called as an expert witness? This comprehensive guide has the answers. From the heart-stopping delivery of the first legal document to the final resolution of the case, the authors offer sound advice, valuable dos and don’ts, and reassuring insights. For the physician who wishes to avoid an occurrence, or recurrence, of malpractice litigation, they supply preventive medicine. For the doctor who is being sued or serving as an expert witness, they cover relationships with the insurance company, the lawyer, and the plaintiff’s lawyer; depositions and pretrial motions; the trial, including effective testimony and what to expect in cross-examination; out-of-court settlements; and appeals. Most of all, they provide an approach that will allow physicians to deal intelligently with the legal process.

Advice on preventing malpractice suits; the legal process; what to do when called as a defendant or expert witness.

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Editorial Reviews

Publishers Weekly - Publisher's Weekly
With exemplary clarity and objectivity, Massachusetts Supreme Court justice Zobel ( Boston Massacre ) and Rous ( The Prostate Book ) offer valuable advice to doctors who are called as trial vitnesses, as medical experts, or as defendants in career-threatening malpractice suits. Focusing primarily on the last, they help to prepare doctors for the practical aspects of the ordeal, and also the emotional ones (typically fear and anger). They do so by explaining the judicial point of view, legal procedures, the roles of opining physicians, lawyer-insurance company relationships and more. Finally, Zobel and Rous review in detail the ``anatomy of a trial,'' from jury selection to verdict to possible appeal. (Mar.)
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Product Details

  • ISBN-13: 9780393332520
  • Publisher: Norton, W. W. & Company, Inc.
  • Publication date: 1/1/1993
  • Pages: 228
  • Product dimensions: 0.52 (w) x 5.50 (h) x 8.50 (d)

Meet the Author

Stephen N. Rous is professor of surgery (urology) at Dartmouth Medical School and chief of urology at the Veterans Affairs Medical Center in Vermont. He lives in New Hampshire.
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Table of Contents

Introduction
Acknowledgments
Pt. 1 The Doctor as Defendant
Ch. 1 When the Law Collides with You 3
Ch. 2 You and Your Lawyer 8
Ch. 3 A Suit Is Not a Shroud 15
Ch. 4 On the Firing Line 22
Ch. 5 Deposition: The Undress Rehearsal 30
Ch. 6 Millions for Defense 37
Ch. 7 The Anatomy Lesson 48
Ch. 8 Into the Arena: The Bull's View 62
Ch. 9 First Blood - Yours 69
Ch. 10 Taking Your Lumps - But Taking It Easy 76
Ch. 11 Your Turn at Bat: Primum Non Nocere 82
Ch. 12 Does Misery Really Love Company? 93
Ch. 13 Mid-Trial Settlement: Frustration or Fulfillment? 97
Ch. 14 The Beginning of the End 105
Ch. 15 Appeals - When the End Is Only a Beginning 114
Ch. 16 Some Thoughts on Prophylaxis 122
Pt. 2 The Doctor as Witness
Ch. 17 Expert: Why, Who, and What? 131
Ch. 18 This Mind for Hire? 136
Ch. 19 The Fee Simple 140
Ch. 20 The Witness as Teacher: Making Contact 145
Ch. 21 The Witness as Teacher: Making Your Point 153
Ch. 22 The Witness as Crypt-analyst: Reading Records and Reports 160
Ch. 23 Different Hypo, Different Needle 164
Ch. 24 You Ought to Be in Pictures 171
Ch. 25 Cross-Examination Cross-Up 177
Ch. 26 When the Expert Brings Bad News 184
Ch. 27 Consultation: A Different Opinion 191
Discharge Summary 196
Index 199
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