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Defending Medical Malpractice
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Defending Medical Malpractice

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  • 1. Defending Medical Malpractice Eldon L. Boisseau The Law Offices Of Eldon L. Boisseau Wichita, Kansas Overland Park, Kansas
  • 2. 1. What can be done to protect yourself from medical malpractice?
    • Do a good job.
    • Take care of your patient.
    • Care about their care.
    • Develop good relationships with patient.
    • Keep up on the medicine involved.
    • Do your charting and keep it current.
    • Take whatever time is necessary to do a good job.
  • 3. What can be done to protect yourself from Medical Malpractice, continued
    • Be mindful of the on call situation & when to transfer the patient
    • Do not get too busy.
    • If you are doing a lot of one thing, you are probably doing something wrong.
    • Know the people upon whom you are relying for backup & for professional opinion.
    • Determine when to consult on a particular problem or unusual situation.
  • 4. 2. What we do to defend the case and how do the two relate?
    • Stages of the lawsuit
      • A. Pleading
    • B. Discovery
    • C. Pre-trial
    • D. Trial
    • E. Appeal
    • F. Final concerns
  • 5. 2. What we do to defend the case and how do the two relate, continued ?
    • Acquire records.
    • Research medications involved.
    • Meet & evaluate the doctor.
    • Figure out what is going on with the plaintiff in the case.
    • Study the records & look for the discrepancies.
    • Develop a list of who might be a consultant or an expert on this condition.
  • 6. 2. What we do to defend the case and how do the two relate , continued ?
    • Prepare the doctor for the deposition.
      • What is a deposition?
      • What needs to be done for the deposition?
      • What are your concerns about the deposition?
  • 7. 2. What we do to defend the case and how do the two relate, continued ?
    • Develop any comparative fault on the part of the plaintiff.
      • Failure to follow medical advice.
      • Poor history given.
      • Bad genes.
      • Disease or condition that is self-inflicted.
  • 8. 2. What we do to defend the case and how do the two relate, continued ?
    • Determine the standard of care.
    • Find experts in the field who can defend the action & know the standard of care.
      • Which experts do you want?
        • Local
        • Non-local & have published on the topic at hand.
  • 9. 2. What we do to defend the case and how do the two relate, continued ?
      • What is the standard of care?
        • Board certified.
        • Non-boarded & not in large metropolitan area.
        • Impact of HMO.
  • 10. 2. What we do to defend the case and how do the two relate, continued ?
    • Informed consent.
    • Complications
    • Unexplainable events.
  • 11. 2. What we do to defend the case and how do the two relate, continued ?
    • Trial of case
      • How to dress.
      • What demeanor to exhibit.
      • How to testify.
      • What are the questions to be asked & answers to be given.
    • Develop themes.
    • Pick the jury.
    • Develop the experts.
    • Literature to be used.
    • Cross exam of the plaintiffs.
  • 12. 3. Stress
    • What is going on?
    • What does this mean for my professional life?
    • What does this mean for liability insurance?
    • What will this mean when reported to the federal government?
    • What is the impact on my practice?
    • What is the impact on my family?
  • 13. 4. What About Insurance and Estate Planning?
    • Type & amount of insurance
    • Tort reform
    • Estate planning
    • What companies to use & not, there is a difference.
    • The idea that the care is all about cash flow.