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TABLE OF CONTENTS SECTION I
ABOUT THE AUTHOR
ABOUT THE CONTRIBUTORS
AUTHOR'S PREFACE
DO THE RIGHT THING
INTRODUCTION
MEDICINE, LAW, GOVERNMENT - INTERACTING
The "Medical Malpractice Crisis"
Sources of "The Law"
The Law of "Torts"
Elements of a "Tort"
The Standard of Care
Other Bases for Suit Against Health Care Providers
Contract
Office for Damage Control
Conclusion
PROFESSIONAL DUTY TO THE PATIENT
Standard of Care - "Best Judgment Rule"
Possession of Knowledge
Application of Knowledge
Local or Community Standard
National Standard
Institutional Standards of Care
Treatment Contract
HOW MUCH MALPRACTICE IS THERE ?
MEDICAL INJURIES
LAW AND PRECEDENT
SECTION II
PHYSICIAN NEGLIGENCE -- OVERVIEW
HOSPITAL NEGLIGENCE -- AN OVERVIEW
A NURSING PERSPECTIVE
Nursing Care and Treatment
Communication
Documentation
Conclusion
HOSPITAL RESPONSIBILITY
HOSPITAL DUTIES AND DIRECT LIABILITY
Duties and Causes of Action
SELECTED MALPRACTICE CASES
STAFF PRIVILEGES AND DUE PROCESS
AGENCY AND THE INDEPENDENT CONTRACTOR
SECTION III
STANDARD OF CARE
The Specialist
ACCEPTABLE STANDARD OF CARE
PRE-INCIDENT REPORT
POTENTIAL PROBLEMS
SECTION IV
THE MEDICAL RECORD IS A LEGAL DOCUMENT
HORIZONTAL REVIEW OF MEDICAL RECORDS
Hospital Records
"Records" That Do Not Appear in the Hospital Chart
SPECIFIC FORMS
Front Sheet
General Consent
Emergency Room Report
Discharge Summary
History and Physical Examination
Orders
Progress Notes
Consultation Reports
Operative Consent
Preoperative Evaluations
Operative Report
Anesthesia Sheet
Postoperative Evaluations
Pathology Report
Blood Transfusion Sheet
Nurses' Notes
Therapy Reports
Report of Laboratories
Medication Sheets
Clinical Graphics
Autopsy Reports
Other Hospital Records
Lab Requests and X-Rays
Operating Room Log
Nurses' (Rounds) Notes
EXAMPLE OF A HORIZONTAL REVIEW
Patient: N.E. Glect
ACCEPTABLE CARE SUMMARY
SECTION V
QUALITY ASSURANCE
PRELIMINARY SURVEY
Ask of intensive care nurses
Ask of coronary care nurses
Ask of postoperative surgical care nurses
Ask of obstetric labor room nurses
IMPLEMENTATION
HOSPITAL'S INCREASING ROLE
Hospitals Can Insure and Manage
INSURANCE COMPANY CLAIM EVALUATION
Introduction
Liability
Damages
The Liability - Damages Relationship
Other Factors Affecting the Evaluation
Value
Conclusion
PREVENTION PROGRAMS
DAMAGE CONTROL FOR PATIENTS
SECTION VI
PLANNING AND DISCOVERY
SAMPLE DISCOVERY OF DEFENDANT
Qualification of the Witness
The Facts
The First Visit
INITIAL PLEADINGS IN MALPRACTICE CASES
Medical Malpractice Complaints
PRE-TESTIMONY CONFERENCE
DEPOSITION QUESTIONS
OPENING STATEMENT
"Do's" for Opening
"Dont's for Opening
Key Words and Phrases for Opening
DAMAGES
Grading of Pain as a Subjective Symptom
Behavior Patterns.
Three Questions
CAUSATION
Competent Word Connectors
Medical and Legal Causation
CLOSING
Summary Ideas
SECTION VII
THE COMMON CAUSES OF MEDICAL NEGLIGENCE
General
Abandonment
Acute Respiratory Failure
Anesthesia -- Who?
Anesthesia Agents / Equipment Used
Anesthetic Intubation
Anesthesia Considerations -- Other
Appendicitis
Blood Transfusion
Cancer
Cancer of the Breast
Cancer of the Cervix
Cardiac and Peripheral Vascular Surgery
Cardiac Arrest
Cardiac Catheterization
Cardiogenic Shock
CCU Standards
Chest Surgery
Congestive Heart Failure With Pulmonary Edema
Danger From Life Saving Drugs
Delay in Diagnosis and/or Treatment
Diagnosis / Misdiagnosis Standards
Diabetes
Drug Reactions
EKG Tracing
Endoscopic Biopsy
Emergency Room
Failure to Test
Fetal Heart Monitoring
Gynecologic Surgery
Gynecology -- Hysterectomy
Gynecology -- Laparoscopy
Gynecology -- Sterilization
Gynecology -- Wrongful Birth
Improper History
Improper Physical Examination
Intracranial Pressure
Joint and Several Liability
Mechanical Ventilation
Meningitis
Monitoring
Multiple Traumas
Myocardial Infarction
Myocardial Ischemia, Injury or Death
Neurosurgery
Neurosurgery -- Intracranial Bleeding
Neurosurgery -- Laminectomy
Neurosurgery -- Spinal Cord Injury
Neurosurgery -- The "Neuro Check Sheet"
Nursing Practice
Obstetric
Orthopedics
Orthopedic -- Examination
Orthopedic -- X Rays
Orthopedic -- Tight Cast
Orthopedic -- Non-Union and Osteomyelitis
Orthopedic -- Total Joint Replacement
Pelvic Inflammatory Disease
Phlebitis
Postoperative Care
Preoperative Evaluation
Pulmonary Embolism
Res Ipsa Loquitur
Ruptured Spleen
Shock
Slips and Falls
Surgical
Surgical Technique
Surgery -- Inadvertent Acts
Surgery -- Wrong Patient / Wrong Side
Surgery -- Foreign Objects Left In
Surgery -- Obesity
Surgery -- Equipment Used
Surgery -- Unnecessary
Tracheostomy
Transient Ischemic Attack (TIA)
Warranty
SECTION VIII
INFECTION
Considering Liability
Physician Responsibilities
Nurse Responsibilities
Dentist Responsibilities
Manufacturer Responsibilities
Establishing Negligence
In Labor
Proximate Cause
INFORMED CONSENT
The Canterbury Rule
More On Informed Consent
Expectation Outline of Informed Consent Cases
The History
The Examination in General
The System Examination
The Neuromuscular Exam
The Cranial Nerves
Motion Measurement
SECTION IX
ONE WEEK PROGRAM
Medical Malpractice: An Overview
Medical Malpractice Defenses
Medical Records: Incrimination or Protection
Preparing To Be an Expert Witness
Medicolegal Issues in Selected Specialties
Anatomy of a Malpractice Lawsuit
Medicine and The Law
The Right to Treatment and to Refuse Treatment
Confidentiality - Privilege and Privacy
Hospital Liability
Consent Issues in Medicine
SAMPLE CLOSING
TRICKS, TIPS, TECHNIQUES AND TRAPS
SECTION X
GLOSSARY
Prefixes
Roots
Suffixes
Abbreviations
GENERAL TERMS
MEDI-LEGAL WORDS
SECTION XI
CASE LAW
Negligence
Obvious Negligence Cases
Contributory Negligence
Liability
How Much Skill Is Required
Skill and Diligence Needed
Cases on Diagnosis
Infection Cases
Consent and Need to Disclose Cases
Amount of Evidence Needed
Amount of Surgical Evidence Needed
Sponges Left In Cases
Anesthesia Cases
Errors in Judgment
Cases Involving Nurses
Abandonment
Statute of Limitations
Are Experts Needed Cases
Damages
CONSTITUTIONALITY
TABLE OF AUTHORITIES
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