New PDF release: The health care provider's guide to facing the malpractice

By Constance G. Uribe M.D.

ISBN-10: 0849320593

ISBN-13: 9780849320590

An anesthesiologist chips a patient's enamel in the course of a tough intubation. A health professional leaves tiny abrasions on a patient's stomach in the course of a fragile surgery. And an working room nurse by chance nips a patient's finger with a couple of scissors.

Not all of those examples of scientific blunders will lead to malpractice fits. yet for those that do, healthiness care companies needs to at all times come to grips with dealing with crucial step in protecting a scientific malpractice lawsuit - the deposition part. even if a malpractice case results in payment or at trial, depositions are crucial items of proof simply because a witness' functionality in this part is actually carved in stone, and proof elicited from depositions frequently play an enormous position through the rest of the litigation.

The well-being Care services advisor To dealing with The Malpractice Deposition gives you an individual within the future health care with the instruments essential to pop out of a malpractice deposition unscathed or with as few bruises as attainable. This exhaustive booklet contains excerpts from genuine depositions, and addresses themes resembling legislation and criminal pondering, the traditional of care, getting ready for the deposition, and customary varieties of interrogation.

While this article is going to now not guard health and wellbeing care prone from malpractice litigation or hinder expensive settlements and judgments, it may aid hinder clinical body of workers from turning into self-damaging witnesses and their very own worst enemies.

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Extra info for The health care provider's guide to facing the malpractice deposition

Example text

David T. Thornton, Supervising Investigator II with the Discipline Coordination Unit of the Medical Board of California, writes, “The Board has no specific jurisdiction in regard to expert witnesses. The testimony of an expert witness stands on the basis of the information provided. ” Therefore, it becomes a battle of wits between counsel on opposing sides. Whether the defendant is innocent or liable is not the issue; the jury will believe whichever side is more convincing. And the licensing body, like Lady Justice herself, wears a blindfold.

The witness should appear self-confident without being arrogant and should respond to the questions spontaneously. He must be able to convince a jury that the situation in question is clear and straightforward with answers that are neither invented nor rehearsed. A clever lawyer will check out a future expert carefully before engaging his services. The lawyer needs to know ahead of time if his witness has any skeletons to hide in his own malpractice litigation history, and the lawyer should know of any action taken by a hospital or licensure board.

The job would be clearly defined for the attorney — find where the witness’s action differed from that mentioned in the authority. Later in the deposition the lawyer tried again: LAWYER: Do you know of any authority that says when to use a bag valve mask vs. using a non-rebreather mask or a nasal cannula and at what point, when someone is having respiratory difficulties? WITNESS: I think it’s an objective decision based on the other accompanying factors. The witness continued to resist mentioning a specific reference since doing so would automatically deem it an authority.

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The health care provider's guide to facing the malpractice deposition by Constance G. Uribe M.D.


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