Humana Medical Malpractice: A Physician's Sourcebook

Books such as this one are deceptively difficult to create. The general subject is neither happy, nor easy, nor most anyone’s idea of fun. M- practice litigation, however, has become a central fact of existence in the practice of medicine today. This tsunami of lawsuits has led to a high volume of irreconcilable rhetoric and ultimately threatens the stability of the entire health care system. Our goal has been to provide a source of reliable information on a subject of importance to all who provide me- cal care in the United States. The book is divided into four sections. Part I gives an overview of insurance in general and discusses the organization of professional - ability insurance companies in particular. Part II focuses on the litigation process itself with views from the defense and plaintiff bar, and the physician as both expert and defendant. Part III looks at malpractice litigation from the viewpoint of the practicing physician. Some of the chapters are broadly relevant to all doctors―the rise of e-medicine, and the importance of effective communication, for example. The other ch- ters are constructed around individual medical specialties, but discuss issues that are of potential interest to all. Part IV looks ahead. “The Case for Legal Reform” presents changes in medical-legal jurisprudence that can be of immediate benefit. The final two chapters take a broader perspective on aspects of our entire health care system and its interface with law and public policy. Review From the reviews: "...a fascinating book...a definite for those who are interested in litigation." - British Journal of Anesthesiology"...well written and provides important insights into medical malpractice..." - Practical Gastroenterology"...a useful book...valuable insights throughout the book..." - JAMA"...this book is of great interest for all physicians, especially those who work in a hospital or a public health care system." - Forensic Science, Medicine, and Pathology "It is a good overview from many perspectives in the medical malpractice field. … this book will be very useful for residents and the early years of practice. It will also help any practicing anesthesiologist to get a very good overview of what’s going on with the very alarming increase in medical malpractice cases and awards as well as the attempts at tort reform that have been continuously blocked by the plaintiff’s bar and their supporters in Congress." (Frederic A. Berry, Anesthesia & Analgesia, Vol. 100, 2005) From the Back Cover What is behind the medical malpractice crisis? What legal reforms would alleviate the crisis? What can you do to prevent litigation? What do you do when you have been sued? Are there alternatives to the current system? How does the medical malpractice insurance industry function? In Medical Malpractice: A Physician's Sourcebook, a panel of physicians, attorneys, academics, researchers, and insurance industry experts consider these and other questions about the origin, nature, and ramifications of the medical malpractice litigation crisis, as well as possible solutions and alternatives to the current system. The authors focus on the clinical face of litigation from the perspective of the practicing physician in a variety of specialties, ranging from family and emergency medicine to anesthesiology, obstetrics, gynecology, and plastic surgery. Special consideration is given to breast cancer and Pap smear litigation, risk management for the family physician, and the importance of effective patient communication. Additional legal chapters examine the litigation process itself, offering insight into winning medical malpractice lawsuits, the role of the physician as expert witness or defendant, the process of discovery and deposition, and how a plaintiff's attorney views risk reduction. Public policy experts argue the case for legal reform, suggest changes in medical-legal jurisprudence that can be of immedia