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Physicians will learn the critical legal elements of malpractice claims. They will also learn the complete and partial legal defenses to medical malpractice cases and precisely what is required under the legal standard of care. How medical malpractice damages are calculated under the law will be explained and a survey of recent medical malpractice jury verdicts will be provided and discussed.

Physicians will learn the legal rules and procedures under which a medical malpractice case is prosecuted. Physicians will gain a working knowledge of the applicable legal terminology and will be able to understand what is happening before, during and after trial and why it is happening. Covered topics include pleadings, discovery, motions, trial procedure, judgment, appeals and the collection of judgments.

Physicians will learn how to evaluate their rights and responsibilities under professional liability insurance policies and the key fundamentals of insurance law. Sample policies will be studied. Physicians will learn how to recognize the key language in their malpractice policy, their rights and responsibilities under a policy, the insurance company's rights and duties, how to find the key terms in the policy, how to avoid coverage gaps, why it may be necessary to monitor the insurer's handling of the case and how to do so and much more.

Physicians will learn the legal procedures through which a defendant's homes, securities, bank accounts automobiles and other assets can be seized as a result of losing a malpractice lawsuit. The various mechanisms to legally shield assets from seizure will be discussed including, exemptions, trusts, and joint ownership. The law of fraudulent conveyances will be explained and physicians will learn how to title their holdings to protect assets.

Physicians will learn proven risk management techniques that will help them avoid claims. Covered topics include maintaining a good relationship with the patient, properly handling medical records, informed consent procedures, coordinating care, staying within your true area of expertise, avoidance and many more. Additional effective risk management techniques will be solicited from the group and discussed.

Friday, November 7, 2003

Physicians will get an inside view of how plaintiff's counsel evaluates, prosecutes, and evaluates medical malpractice claims. Included is a frank discussion of the economics of pursuing a malpractice claim, the selection of expert witnesses, researching the applicable medicine, conducting discovery, developing a theme of the case, evaluating potential damages and the likelihood of success on the merits, deciding when to settle, when to mediate, and when to try, and developing a winning trial strategy.

Physicians will learn how to be an effective member of the defense team. They will learn how defense counsel evaluates and defends a case, how to assist counsel in investigation and preparation of the case, proper pre-trial and courtroom behavior and demeanor, and how to avoid potential pitfalls.

The ultimate decision maker in a medical malpractice case is the jury of lay people. In this segment, physicians will learn what jurors find persuasive, what they do not find persuasive and what defense and plaintiff's counsel will do to make the best impression in front of the jury.

Physicians will be provided with a frank explanation concerning how malpractice attorneys view settlement and value cases. Also included is an explanation and discussion of the factors to consider when deciding to settle including reputation, lawsuit stress, databank, getting the suit behind you, insurance concerns, the potential of an award beyond your insurance limits and other concerns.

Physicians will learn the fundamental laws of depositions, what plaintiff's counsel is after at deposition, and how to be an effective witness on your own behalf at deposition. Included will be mock deposition demonstrations of volunteer attendees which will be critiqued by the faculty and attendees.

Physicians will learn specific advanced techniques on how to be an effective witness on their own behalf. Techniques to prepare to give your testimony will be explained, along with specific advice on how to be effective in front of the jury. These include a focus on demeanor and language, the proper use of visual aids, understanding the theme of the case and how to properly explain complicated medical concepts to the lay jury. Included will be mock direct examination demonstrations of volunteer attendees which will be critiqued by the faculty and attendees.

Physicians will learn what plaintiff's counsel is after during cross-examination and how to be effective during even the most withering cross-examinations. Physicians will learn the specific advanced techniques to thrive during cross-examination by plaintiff's counsel, including how to properly prepare for cross examination, giving in where appropriate, not being evasive, maintaining a calm demeanor, showing feeling, active listening and many more. Included will be mock cross-examination demonstrations of volunteer attendees which will be critiqued by faculty and attendees.

A final free flowing round table discussion covering any and all issues of interest to attendees. The most important solutions, answers and recommendations from the course will be reviewed.

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