Medical Malpractice Survival Training for Physicians

Medical Malpractice Survival Training for Physicians

Conference

Medical Malpractice Survival Training for Physicians

Schedule

Sea Crest Oceanfront Resort
Falmouth, Massachusetts

Faculty

August 18-19, 2005

Registration Info

Registration Form

PDF of entire brochure

Executive Summary

Malpractice Survival Training For Physicians is essential training for any physician who is currently being sued or is at risk for being sued over the course of his or her career. It is a must-attend event for all physicians. On day one, physician attendees will learn advanced risk management techniques, the law and procedure which govern malpractice claims, the critical laws governing malpractice insurance and how to protect assets from seizure by plaintiffs and their attorneys. On day two, physicians will be immersed in the medical malpractice case and will participate in intensive workshops to make them more effective witnesses in their own behalf. Attendees will also learn what makes a malpractice jury tick, how they can best assist counsel, when it is the proper time to settle, and how plaintiff and defense counsel evaluate and litigate malpractice cases.

Learning Objectives
At the completion of this course you will learn:

� Be effective witnesses in their own defense

� List multiple simple and effective techniques to better manage malpractice risk

� Explain the laws and procedures that govern malpractice cases

� Understand what persuades malpractice jurors and how those jurors make decisions

� List multiple techniques to protect assets from seizure as a result of a lost lawsuit

� Understand their rights and responsibilities under professional liability insurance policies

� Describe how the plaintiff and defense lawyers evaluate and litigate malpractice cases

� List the many factors to consider in deciding whether or not to settle a case and how much to settle for

� Describe how to effectively work with defense counsel and insurers

Here's what your colleagues have to say:

"Excellent, very informative"

"Outstanding"

"Nothing short of �awesome' - very helpful"

"Very organized and informative"

"Real life - not just theory"

"Excellent, very practical, hands on useful presentation"

"Setting good, speakers good, questions good"

"Very impressed with the presenters' expertise and teaching abilities"

"Just plain excellent"

"Excellent - if all lawyers were like Jim and Ken we would not need to be here"

Faculty:

Nadine Nasser Donovan, Esq., is a former trial lawyer with extensive litigation experience. She is currently of counsel to the Boston-based firm of Martin, Magnuson, McCarthy & Kenney. Her practice area includes the defense of medical professionals, in medical malpractice actions and before medical licensing boards. In addition, Ms. Donovan is a Legal Writing Instructor at Boston University School of Law. She previously practiced litigation in New York City, first as a prosecutor in Queens, and then as counsel for the City of New York. Ms. Donovan received her J.D. cum laude from Boston College Law School. She graduated from Fordham University summa cum laude with a B.A. in French Literature.

Kenneth J. Kolpan, Esq., is a highly accomplished trial lawyer whose practice concentrates in medical malpractice and traumatic brain injury litigation. Mr. Kolpan has over 33 years experience in the practice of law. He has lectured extensively and his publications include "Medicolegal Aspects Of Head Injury" and "Traumatic Brain Damage: Damages, Rehabilitation, and Litigation Issues." In addition to his law practice, Mr. Kolpan was an Assistant Professor at Tufts University School Of Medicine, Medical-Legal Editor of the Journal of Head Trauma Rehabilitation and Co-Chairperson of the Brain Injury Association's Trial Lawyer's Conference.

James J. Mangraviti, Jr., Esq., is a former trial lawyer with experience in defense and plaintiff personal injury law and insurance law. He currently serves as Vice-President and General Counsel of SEAK, Inc. Mr. Mangraviti received his B.A. degree in mathematics summa cum laude from Boston College and his J.D. degree cum laude from Boston College Law School. His publications include the texts The Comprehensive Forensic Services Manual: The Essential Resource for All Experts, The Independent Medical Evaluation Report: A Step-by-Step Guide with Models, How to Excel During Cross-Examination: Techniques for Experts that Work, The Successful Physician Negotiator: How to Get What You Deserve, SEAK Law School For Physicians: Seminar Reference Manual, and How To Excel During Depositions: Techniques For Experts that Work. Mr. Mangraviti has trained hundreds of physicians across the United States and Canada.

Thursday, August 18, 2005

7:30 - 8:00 Registration and Continental Breakfast

8:00 - 8:15 Introduction and Overview

8:15 - 10:00 The Law of Medical Malpractice: What Every Physician Needs To Know
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. Questions and Answers

10:00 - 10:15 Break & Networking Opportunity

10:15 - 11:00 The Malpractice Lawsuit: From Initial Summons to Collection of Judgements
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, judgement, appeals and the collection of judgements. Questions and Answers

11:00 - 12:00 Professional Liability Insurance: Extents and Limits of Protection
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, how to do so, and much more. Questions and Answers

12:00 - 1:00 Lunch with Faculty (provided)

1:00 - 2:30 Asset Protection For Physicians: How to Protect A Lifetime of Work
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. Questions and Answers

2:30 - 2:45 Break and Networking Opportunity

2:45 - 4:00 Risk Management: Techniques That Work
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. Questions and Answers

4:00 - 4:30 Review and Discussion Group
A free-flowing roundtable discussion covering any and all open issues of interest to attendees.

Friday, August 19, 2005

6:30 - 7:00 Continental Breakfast

7:00 - 8:00 Plaintiff's Counsel: A Candid Insider's View
Physicians will get an insider's view of how plaintiff's counsel evaluates and prosecutes 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, when to try, and developing a winning trial strategy. Questions and Answers

8:00 - 9:00 Defense Counsel: How To Assist Counsel Assigned to Defend You
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. Questions and Answers

9:00 - 9:30 Malpractice Jurors: What Makes Them Tick?
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. Questions and Answers

9:30 - 9:45 Break and Networking Opportunity

9:45 - 10:15 Settlement: When Is It time?
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 whether 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. Questions and Answers

10:15 - 11:00 Advanced Testifying Workshop #1: Deposition of the Defendant Doctor
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. Questions and Answers

11:00 - 12:00 Advanced Testifying Workshop #2: Direct Testimony of the Defendant Doctor
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. Questions and Answers

12:00 - 1:00 Lunch with Faculty (provided)

1:00 - 2:30 Advanced Testifying Workshop #3: Defendant Doctor's Cross-Examination
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. Questions and Answers

2:30 - 3:30 Concluding Review and Discussion Group
A final free flowing discussion covering any and all issues of interest to attendees. The most important solutions, answers and recommendations from the course will be reviewed.

SEAK's Expert Witness Directory