Power from Within: A Guide to Success as a Medical Malpractice Defense Expert

Power from Within: A Guide to Success as a Medical Malpractice Defense Expert

by Jeffrey A. Krompier


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There is no end in sight to the frequency with which physicians, nursing professionals and other healthcare providers will become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation's chronic "malpractice crisis", suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree.

National legislative fact-finding committees and investigative bodies, which may be charged with the responsibility of pursuing a solution, likely will never achieve a global remedy. Although curtailed by some states, national legislation has not addressed baseless malpractice suites or grossly excessive monetary verdicts. Another approach exists, however.

Health care providers can impact the existing system and influence the malpractice environments in a tangible, positive and powerful fashion. Although there will be debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant's perspective as a "no-cause" trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.

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Product Details

ISBN-13: 9780367677381
Publisher: Taylor & Francis
Publication date: 10/11/2021
Pages: 154
Product dimensions: 6.12(w) x 9.19(h) x (d)

Table of Contents

Preface xi

Author xv

1 Introduction-Basic Requirements 1

Time and Flexibility 1

Communication Skills 4

Team Participation 5

2 Attorney's Perspective 7

Expert Fees 7

Availability 11

Accessibility 13

Cooperation 14

Credentials 15

Reasonable Standards 19

Report Preparation 24

Insulation from Collateral Examination 25

Handling Examination 27

Credibility 31

Personality 32

Appearance 34

3 Jury's Perspective 37

Presentation 37

Organization 39

Subject Familiarity 41

Question Responsiveness 42

Interpersonal Connection 44

Testimony Content 46

Trial Aids 47

Intangibles 51

4 Case Participation 53

Telephone Conferences 53

Document Review 55

Case Assessment 57

Literature Review 58

Supplemental Document Review 58

Deposition Testimony 59

General Assistance 60

Trial Stage 61

5 The Expert Opinion 63

Verbal Opinion 65

Written Report 65

Materials Reviewed 67

Facts 68

Issues 68

Opinions 69

Foundation for Opinions 69

Ultimate Conclusion 70

Independent Medical Examination 71

Potential Pitfalls 73

Issue Identification 74

Comprehensive Opinions 74

Opinion Foundation 74

Causation 75

Overreaching 75

Attorney Summaries 77

Items Reviewed 77

Factual Accuracy 78

6 The Deposition 79

Location 79

Fees 80

Transcript 81

Purpose 82

Attire 84

Deposition Preparation 84

Available Documents 87

Areas of Examination 87

Gratuitous Testimony 90

7 The Trial 95

Fees 95

Pre-trial Preparation 96

Understanding Your Environment 98

Trial Sequence 99

Intra-trial Events 103

Understanding Your Role 106

Courtroom Demeanor 108

Testimony 113

8 Creating an Effective Curriculum Vitae 125

Education and Training 126

Board Certification 126

Hospital Affiliations 126

Academic Positions 127

Professional Organizations 127

Military Experience 127

Awards and Honors 128

Publications, Presentations, Seminars and Lectures 128

Athletic Program Affiliations 128

Public Service 129

Media Appearances 129

9 Getting Started 131

Your Malpractice Attorney 132

Liability Carriers/Brokers 135

Colleagues, Patients and Attorneys 137

Advertisement 138

Expert Agencies 141

Mass Mailings 144

Websites 144

10 Rules of Conduct 147

11 Accepting the Challenge 153

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