Malpractice

Emanuel Law Outline Features:

• #1 outline choice among law students
• Comprehensive review of all major topics
• Capsule summary of all topics
• Cross-reference table of cases
• Time-saving format
• Great for exam prep

Waking Up Blind is the story of how an eye surgeon became the cause of an array of medical problems for his patients. It is also the story of how one of the nation's premier medical centers tried to conceal the growing scandal. The faculty who exposed the problems were punished. Official committees and the university leaders minimized the misconduct. Slowly, lawsuits and publicity brought some to light in bits and pieces.

With the use of court documents, transcripts of tape-recorded conversations, interviews, and personal observation, Dr. Tom Harbin presents this case from the very beginning, uncovering all levels of wrongdoing and secrecy. Waking Up Blind will shock the reader with its candid exploration of the dark side of medicine.

The book begins by explaining the American Bar Association’s categories of malpractice—substantive, administrative, client relations, and intentional wrongs. It next details the “model rules” of professional responsibilities established by both national and state bars, and then discusses the all-important differences between guidelines and actual laws set by legal precedent. Finally, if you feel that you have lost a case because of your counsel’s mismanagement, or if you have been taken advantage of financially or sexually by your attorney, this book explains the necessary steps you must take to establish a solid case, from developing the facts and gathering the hard evidence to proving the allegation.

Long regarded as the standard text for classroom use and an invaluable reference for agency administrators, social work supervisors, line clinicians, and private practitioners, Social Work Malpractice and Liability has now been updated to include new material on the revised NASW Code of Ethics, recent court decisions related to social work malpractice and liability, boundary issues and dual relationships, and how social workers can conduct an "ethics audit" in the workplace.

After introducing the concepts of negligence, malpractice, and liability, Frederic Reamer turns to the subject of risk management. Using recent cases, he describes a wide variety of problems related to privacy and confidentiality, improper treatment and delivery of services, impaired practitioners, supervision, consultation and referral, fraud and deception, and termination of service, concluding with practical suggestions for social workers named as defendants in lawsuits.

Most experts would agree that the current medical malpractice system in the United States does not work effectively either to compensate victims fairly or prevent injuries caused by medical errors. Policy responses to a series of medical malpractice crises have not resulted in effective reform and have not altered the fundamental incentives of the stakeholders. In Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke examine the U.S. medical malpractice process from legal, medical, economic, and insurance perspectives, analyze past efforts at reform, and offer realistic, achievable policy recommendations. They review the considerable empirical evidence in a balanced fashion and assess objectively what works in the current system and what does not. Sloan and Chepke argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes--legal, medical malpractice insurance, medical care, and government activity. After describing what the evidence shows about the functioning of medical malpractice, types of defensive medicine, and the effects of past reforms, they examine such topics as scheduling damages as an alternative to flat caps, jury behavior, health courts, incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance, and suggestions for future reforms. Medical Malpractice is the most comprehensive treatment of malpractice available, integrating findings from several different areas of research and describing them accessibly in nontechnical language. It will be an essential reference for anyone interested in medical malpractice.Frank A. Sloan is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is the coauthor of The Price of Smoking (MIT Press, 2004) and author or editor of many other books on health economics. Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University.