Confidently Handle Your Next Medical Malpractice Case
Medical malpractice can be expensive, time-consuming, and risky. Whether you are counsel for the plaintiff or defendant, you need to know how to assess the case and use all the tools at your disposal to best represent your client. This basic-to-intermediate level program will walk you through a medical malpractice case, from initial evaluation and assessment through the trial phase. Our experienced faculty will share techniques for trying the case - for both plaintiff and defense attorneys. Enroll today!
- Gain strategies and techniques for initial case assessment from the plaintiff and defense perspectives.
- Learn how and when to use expert consultations during case assessment.
- Navigate the pre-litigation process with ease with our comprehensive checklist.
- Identify potential conflicts of interest and learn what you can do to overcome them.
- Learn how to develop theories of and causes of action for new and existing defendants.
- Understand the role of summary judgments in the medical malpractice case and how you can use them to settle your case.
- Understand "right to die" and "informed consent" and how these concepts can impact your case.
- Determine when hospitals and institutions are and are not liable for employee negligence.
- Enhance your trial success with our tips and strategies for trial success for plaintiff and defense practitioners.
- ASSESSMENT AND EVALUATION OF THE MEDICAL MALPRACTICE CASE (PLAINTIFF'S PERSPECTIVE)
9:00 - 9:45, D. David Ezell Jr.
- What Malpractice Is (and Isn't)
- "Screening" the Case and the Potential Client - The Initial Evaluation
- The Need For - and Benefits of - Expert Consultation and Review
- Pre-litigation Checklist
- Potential Areas of Liability - Theories and Causes of Action
- THE DEFENSE PERSPECTIVE ON ASSESSING AND EVALUATING THE CASE
9:45 - 10:45, Kimberly S. Adams
- Relationships Among Insurance Carrier, Insured and Defense Counsel
- Potential or Actual Conflicts of Interest
- The Uninsured or Self-Insured Client
- Gathering and Reviewing Medical Records
- Initial Client Conference
- ADHERING TO PROCEDURAL GUIDELINES IN FILING THE SUIT AND CONDUCTING DISCOVERY
11:00 - 12:00, Kimberly S. Adams
- The Statutes
- The Case Law
- Development of Theories/Causes of Action Regarding Existing Defendants
- Development of New Theories/Causes of Action Regarding Additional Defendants
- Direction/Scope and Extent of Discovery in Malpractice Actions
- Avoiding the “Shotgun” and Focusing Issues
- The "Too Many Defendants" Problem
- Summary Judgment/Affidavits and Their Role in Malpractice Cases
- Communicating With Your Experts
- UNDERSTANDING THE INTRICACIES OF "THE RIGHT TO DIE" AND "INFORMED CONSENT" (Directive to Withhold or Withdraw Life-Sustaining Treatment)
1:00 - 1:45, Michael Roth
- IDENTIFYING HOSPITAL CORPORATE LIABILITY AND INSTITUTIONAL NEGLIGENCE
1:45 - 2:30, Kimberly S. Adams
- Employee Negligence
- Non-Employee Negligence
- Negligence Arising Out of Improper Monitoring and Supervision of Physicians
- Nursing and Therapist Negligence
- ETHICS - IT'S LEGAL, BUT IS IT RIGHT?
2:45 - 3:45, Kimberly S. Adams
- State Bar Code of Ethics and the Ethics Code of Various Specialties
- Real and Potential Conflicts of Interest
- Zealous Representation or Vexatious Practices
- Lawyer Liability
- TRIAL TIPS AND TECHNIQUES FOR TRYING THE MEDICAL MALPRACTICE CASE (PROSECUTION AND DEFENSE PERSPECTIVES)
3:45 - 4:30, D. David Ezell Jr. (Prosecution Perspective); Michael Roth (Defense Perspective)
- Burden of Proof
- Proximate Cause
- Organizing the Case
- Order of Evidence/Witnesses/Proof
- Use of Experts
- The Medical Record and Exhibits as Tools of the Trade
- Statutory and Case Law Requirements
- Defenses and Closing Argument
- The Jury Charges