Uncomplicate the Medical Malpractice Case
Over recent years, the area of medical malpractice law has turned into a battlefield of complexities. With the impact of recent legislation, many attorneys are struggling with time-management and damage cap issues that make practicing medical malpractice challenging at times. In this legal guide, our experienced attorney faculty will uncomplicate medical malpractice issues by equipping you with tips and strategies related to records and charts, sample motions, damage calculation, expert witness reports and Medicare set-asides. You’ll also get up to speed on critical issues, such as recent legislation and expert witness tactics. Hear perspectives from both sides of the table and zealously represent your clients. Register today!
- Navigate the medical malpractice litigation process with ease by acquiring practical discovery, negotiation and trial skills.
- Get solutions on how to overcome complex issues, such as multiple defendant situations and challenges with medical malpractice insurance.
- Assess, maximize, calculate and prove damages.
- Find and qualify expert witnesses with ease and acquire deposition, testimony and expert report tips.
- Get practical tactics for overcoming obstacles in obtaining medical records and background information on medical personnel.
- Learn how to analyze medical records to determine deviation from accepted medical practice and establish a connection between the negligent care and the injury.
- Evaluate Medicare set-asides in medical malpractice cases and learn how to properly handle them.
MORNING SESSION: MEDICAL MALPRACTICE FUNDAMENTALS
- RECENT DEVELOPMENTS IN MEDICAL MALPRACTICE
9:00 - 9:30, David J. Oliveira
- Legislative Impact on Cases
- Case Law Update
- SCREENING PANEL REVIEW PROCESS/ALTERNATIVE DISPUTE STRATEGIES
9:30 - 10:00, Mark H. Grimm
- MEDICAL MALPRACTICE MECHANICS
10:15 - 11:30, Mark H. Grimm
- Client Intake Risks
- Complex Issues
- Multiple Defendant Situations
- The Hospital as the Defendant
- Medical Malpractice Insurance: How it Complicates the Case
- Medical/Peer Review Panel
- Motions Specific to Medical Malpractice
- Assessing Damages in Medical Malpractice
- Strategies to Maximize/Minimize Recovery
- Calculating Complex Damages
- Proving Damages
- ADR and Trial Tips
- Standard of Care
- Opening/Closing Statement Strategies
- Voir Dire Tips
- Evidence Strategies at Trial
- Battle of the Experts
- Summary Judgments in Medical Malpractice Cases
- Error Preservation Tips
- Post-Trial Issues
AFTERNOON SESSION: CRITICAL ISSUES IN MEDICAL MALPRACTICE
- EXPERT MEDICAL WITNESSES TACTICS
12:30 - 1:15, David J. Oliveira
- Tips to Finding Expert Witnesses
- Qualifying Experts
- Expert Witness Report
- Preparing Experts
- Expert Deposition Tactics
- Defendants as Experts
- Expert Testimony: Effectively Making Medical Information Understandable to the Jury/Judge
- Daubert/Frye Challenges
- MEDICAL RECORDS AND OTHER CRITICAL EVIDENCE
1:15 - 2:15, George E. Wakeman Jr.
- Obstacles in Obtaining Medical Records
- How Much of the Record Do I Need?
- How is a Record Organized?
- Deviation From Accepted Medical Practice
- Connection Between Negligent Care and Injury
- Medical Record Dissection
- X-Rays, Test Results and Charts
- Informed Consent
- Plaintiff and Defense Tips
- Determining a Medical Chronology
- The Impact of Electronic Medical Records
- Record Custodians
- Obtaining Background on Medical Professional/Experts
- Sample Motions
- Other Discovery Issues in Medical Malpractice
- Introducing Records Pretrial and Trial
- SETTLEMENT PLANNING (INCLUDING MEDICARE SECONDARY PAYER COMPLIANCE AND GOVERNMENT BENEFIT ELIGIBILITY PRESERVATION)
2:30 - 3:30, Michael E. Civittolo
- ETHICAL ISSUES
3:30 - 4:30, George E. Wakeman Jr.
- Disclosure of Errors: Attorney Risks
- HIPAA and Confidentiality Requirements
- Ethics and Expert Witnesses
- Ethics Issues and Medical Records
This basic-to-intermediate level seminar is designed for plaintiff and defense attorneys involved in medical malpractice cases. Others who may benefit include:
- Insurance Company Adjusters and Claims Representatives
- Expert Witnesses