Law School for Medical Experts
Law School for Medical Experts
August 18-19, 2007 Sea Crest Oceanfront Resort |
Executive Summary
The most valuable medical experts understand the law and the legal system. Law School for Medical Experts is a lively and
intense interactive course which provides medical experts with an insider’s understanding of the legal system and civil actions. Experts will learn how to think and speak like the lawyers that employ them. Common “legalese” will be made comprehensible and experts will learn the procedural and substantive laws that govern tort cases and the medical expert’s involvement therein. The course emphasizes not just the law per se, but how knowledge of the law can make experts more effective, valuable and successful.Learning Objectives
At the conclusion of this course attendees should be able to understand:
• “Legalese” and how to think and talk like a
lawyer.
• What exactly must be proven in a negligence case, how such cases
are defended, and
how experts can help prove and defend negligence suits.
• The economics of a lawsuit and how to find the most lucrative
cases to work on.
• How the workers’ compensation system works.
• The role of liability insurance in civil litigation.
• The law and procedural rules governing civil law suits.
• How to avoid discovery abuse.
• What exactly happens at a civil trial and why it happens.
• What an expert can and can not be asked at trial.
• The specific rules governing expert witness reports, methodology,
qualifications, and impeachment.
• Potential expert witness liability and risk management techniques
to avoid such liability.
• How to be a better, more successful medical expert witness.
Distinguished Faculty
James J. Mangraviti, Jr., Esq.,
has trained thousands of expert witnesses across the United States and Canada. He is a former litigator 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 BA degree in mathematics summa cum laude from Boston College and his JD degree cum laude from Boston College Law School. His publications include the texts The A-Z Guide to Expert Witnessing, Cross-Examination: The Comprehensive Guide for Experts, National Guide to Expert Witness Fees and Billing Procedures, Writing and Defending Your IME Report, How to Excel During Depositions: Techniques for Experts That Work, Writing and Defending Your Expert Report: The Step-by-Step Guide with Models, and How to Become a Dangerous Expert Witness: Advanced Techniques and Strategies.Tuition
Tuition is $1,195. Tuition includes continental breakfast, lunch with faculty each day and a detailed conference manual.
Click here for registration information.
Continuing Education Information
Click here for Continuing Education Information.
Schedule
Saturday, August 18, 2007
7:30-8:00Registration and Continental Breakfast
8:00-9:30How the American
Legal System Works
Physicians operating in the medical-legal environment need to
understand how the American legal system really works. Statutory
law, case law, case law precedent, administrative law, and the
relationship between state and federal constitutional, statutory,
and administrative common law will be discussed and analyzed. An
explanation and discussion of the relationship between the various
federal and state courts and the rule of precedent will be
presented. Students will analyze and discuss actual appellate court
decisions, statutes, and administrative regulations. Questions
and Answers
9:30-10:00Thinking Like a
Lawyer Part I-Elements of a Case of Action
This section will teach attendees how to “think like a lawyer” by
breaking down sample torts into their composite elements and thus
understand the legal issues in cases they are involved with. As
learning tools, the elements of intentional torts such as assault,
battery, defamation, intentional infliction of emotional distress,
and false imprisonment are reviewed. Questions and Answers
10:00-10:15Thinking Like
a Lawyer Part II-Affirmative Defenses
Students will be taught the second step of “thinking like a lawyer,”
namely, identifying and using the various affirmative defenses to
causes of action. Students will learn the effect of affirmative
defenses on liability. Questions and Answers
10:15-10:30BREAK & NETWORKING OPPORTUNITY
10:30-12:00Understanding
How Lawyers Prove Negligence and Medical Malpractice Cases
Most medical-legal
matters physicians assist with involve negligence or medical
malpractice. An understanding of these types of cases can make
medical experts far more effective and valuable to retaining
counsel. This segment will explain the law of negligence with a
focus on how understanding of the law can make a medical expert more
valuable to retaining counsel.
Questions and Answers
12:00-12:45LUNCH PROVIDED WITH FACULTY
12:45-1:30Understanding
How Lawyers Defend Negligence and Medical Malpractice Cases
Negligence cases medical experts are involved in often involve
affirmative defenses. Students will learn the various defenses to
negligence and medical malpractice actions that lawyers they work
for and against are using including statute of limitations,
comparative negligence, contributory negligence, assumption of risk,
workers’ compensation exclusivity, and charitable immunity. The
effect of comparative negligence on liability and damages will be
explained with an emphasis on how these defenses effect the experts
in the case. Questions and Answers
1:30-2:00The Economics of
a Lawsuit and Determining How Much a Case is Worth
How much money is a plaintiff entitled to in a personal injury or
medical malpractice suit? This segment of the course will cover the
various elements of damages including past and future lost wages,
pain and suffering, loss of consortium, punitive damages, multiple
damages, attorneys’ fees, costs, interest, medical expenses, lost
earning capacity, and emotional distress. Attendees will learn the
economics of a personal injury lawsuit and how to seek out the
highest value cases where they can charge a premium amount for their
services and take the time necessary to do their highest level work.
Questions and Answers
2:00-2:45What Medical
Experts Should Know About the Workers' Compensation System
The role of the medical expert in the workers’ compensation system
will be explored. You will learn how the workers’ compensation
system works. Physicians will be instructed how to determine which
injuries are compensable and what workers’ compensation attorneys
and hearing officers are looking for from physicians. Questions
and Answers
2:45-3:00BREAK AND NETWORKING OPPORTUNITY
3:00-4:00Liability
Insurance
Insurance has a huge influence on most personal injury litigation.
Medical experts should have a working knowledge of what that
influence is. Included in this segment is a discussion of coverage,
the duty to defend, the duty to indemnify, the control of the
defense, and the cooperation clauses. Students will review and
dissect sample liability policies. Questions and Answers
4:00-5:00Anatomy of a
Lawsuit
The best medical experts have a working understanding of the legal
processes involved in the lawsuit they are serving as experts for.
The essential components of a lawsuit are discussed and explained in
this segment. Included is a discussion of complaints, answers,
affirmative defenses, discovery, motions, summary judgment, motions
to dismiss, remedies, and appeals. Students will discuss sample
pleadings and court documents. Questions and Answers
Sunday, August 19, 2007
6:30-7:00Continental Breakfast
7:00-8:00The Discovery
Process and Avoiding Discovery Abuse of Experts
Discovery typically eats up the most time and
expense in a case. How do attorneys utilize the discovery process?
The various methods of discovery are explained. These include
interrogatories, requests for production of documents, depositions,
subpoenas duces tecum, physical examinations, and requests for
admissions. An interactive and lively discussion of discovery
disputes and abuses of medical experts, including protective orders
and sanctions, will permit physicians to understand how far
attorneys can go and how to “fight back” against subpoenas, being
called as a “fact only” witness, abusive questioning and other
commonly encountered problems. Questions and Answers
8:00-9:00What Happens at
a Civil Trial
Although most cases settle before trial, experts should understand
how a civil trial works for the inevitable day when they are called
to testify at trial. In this segment students are taught the ins and
outs of a civil trial. Included is the role of the judge and jury,
opening statements, burdens of proof and persuasion, summation,
directed verdicts, judgments notwithstanding verdicts, jury
deliberation and decision, and judgments. Included is a discussion
of common trial motions such as motions in limine, requests for
limiting instructions, and motions for a new trial. Alternative
Dispute Resolution (ADR) processes that involve medical experts such
as mediation and arbitration are also discussed. Questions and
Answers
9:00-9:15BREAK & NETWORKING OPPORTUNITY
9:15-10:00What Can and
Can Not Be Asked of an Expert at Trial
There will be a discussion of the basic rules and policies behind
the Federal Rules of Evidence. Students will learn why certain types
of evidence are held to be inadmissible, even where it is relevant.
Students will be given the opportunity to object to and argue the
admissibility of various pieces of proposed evidence. Questions
and Answers
10:00-10:30What The
Hearsay Rule Is and How It Works
The
theoretical underpinnings of the hearsay rule are explained in an
easy to understand way. Also explained are some of the more
important exceptions to the hearsay rule which deal with expert
testimony Students will be given the opportunity to object to and
argue the admissibility of evidence based on the hearsay rule and
its exceptions. Questions and Answers
10:30-10:45BREAK AND NETWORKING OPPORTUNITY
10:45-12:00The 700 Series
of Rules Dealing Specifically With Expert Testimony
Students will learn the legal requirements for expert testimony
under the federal rules of evidence. Included will be a discussion
of the landmark Daubert line of cases limiting the
admissibility of expert medical testimony and the rules dealing with
mandatory expert witness reports. Also included is a discussion of
the rules regarding impeaching (i.e., discrediting) an expert
witness. Students will learn why an attorney is allowed to
discredit a medical expert witness and how that process takes place.
Practical advice to protect from such impeachment assaults will be
given. Demonstrations will be conducted utilizing student
volunteers. Questions and Answers
12:00-12:45LUNCH PROVIDED WITH FACULTY
12:45-1:30Expert Witness
Liability and Risk Management
The faculty will review the traps for the unwary in which experts
can become subject to criminal and civil liability and professional
discipline through their expert witness work. Practical suggestions
to avoid liability and manage risk will be provided.
Questions and Answers
1:30-2:30Concluding Mock
Trial Group Exercise
The class will reinforce what has been learned in the program by
participating in a mock trial. All attendees will directly
participate either as a trial attorney, expert witness, or juror.
Student-attorneys will make a brief opening statement and will
conduct a direct and a cross-examination of a volunteer physician
expert witness. Objections can be made and the admissibility of
evidence will be ruled upon by the instructor judge. A brief closing
argument will be made by each team and the jury will deliberate and
reach a verdict. The faculty will entertain final questions.
Questions and Answers