Catálogo de publicaciones - libros

Although all physicians are aware that practicing medicine in the United States is virtually impossible without some form of liability insurance, many have only a limited understanding of how the American system of professional assurance really works. It is important for the practicing physician to understand not only some of the technical language regarding insurance but also the various forms in which it is available. Doctors should understand the distinguishing features of an effective insurance program.

This chapter explains what you should know to best look out for yourself and how you should go about doing so. Its premise is that just as patients should not leave decisions about the best course of medical treatment exclusively to medical professionals, neither should you as a doctor or health care provider leave your fate as a defendant solely in the hands of your lawyer and insurer. No one representing you will be as affected as you are by the litigation in which you are a defendant; and, although your advocates are charged with looking after your best interests, your active and intelligent participation in how they do this is absolutely necessary if they are to be effective.

This chapter looks at malpractice litigation from the unique viewpoint of the plaintiff attorney. The necessary legal elements for a legally sound claim are discussed. What aspects of the doctor-patient relationship most affect the likelihood of litigation? What aspects of a physician’s care, demeanor, and communication skills make him or her more or less formidable as a defendant? The chapter also discusses the physician’s role in educating his or her own attorney and the preparation needed for a successful defense.

This chapter is a personal reflection on the role of the physician as an expert witness in medical malpractice litigation. It looks at both the individual experience and professional obligations of the expert from both the medical and the legal perspectives. A number of practical suggestions for courtroom preparation and deportment are presented.

This chapter explores the nature and conduct of pretrial discovery and the deposition process from the physician’s point of view. Practical suggestions for witness preparation and guides to recognition of the methods, procedures, and goals of the plaintiff attorney are presented. Courtroom deportment is discussed, and model questions and appropriate responses are included.

Faulty communication is among the most common underlying causes of medical error and frequently erodes the doctor-patient relationship. Communication should be understood in the broadest sense, including nonverbal, oral, and written. This chapter reviews the most common mechanisms responsible for communication failures and recommends specific routines to minimize or avoid them altogether.

E-medicine encompasses services including telephone, Internet, telemedicine, and electronic medical records. Each has unique potential to enhance the doctor-patient relationship and to increase physician liability. This chapter discusses each modality in detail. Detailed guidelines for online communication are presented.

This chapter focuses on legal, clinical, and risk-management issues that create pitfalls for the family physician. Examples of legal issues are vicarious liability and ostensible agency. Clinical issues include the timely diagnosis and treatment of conditions such as cancer and heart disease. Difficult-to-diagnose conditions such as pulmonary emboli and dissecting aortic aneurysms are also discussed. Risk-management issues that can destroy an otherwise viable defense are also noted. These include record tampering, failure to obtain informed consent or informed refusal, and the practice of treating patients over the telephone. The importance of the contemporaneous medical record is stressed.

This chapter reviews some general medical and legal principles, most of which are important regardless of medical specialty. They are particularly relevant to emergency physicians but are also important to physicians from other specialties who treat patients in the emergency department (ED). I then discuss some specific emergency medical conditions that often result in litigation. The topics presented are not meant to be an exhaustive list of potential liability problems, but rather a sample of some of the more common issues that confront physicians and their patients.

This chapter reviews the leading causes for anesthesiology malpractice claims and the indemnity payments that result from different patient injuries. Risk-management strategies are provided both to help prevent patient injuries and to make anesthesia claims more defensible. The effect of anesthesia claims on the physician is discussed.