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9780849320590

The Health Care Provider's Guide to Facing the Malpractice Deposition

by ;
  • ISBN13:

    9780849320590

  • ISBN10:

    0849320593

  • Edition: 1st
  • Format: Nonspecific Binding
  • Copyright: 1999-11-22
  • Publisher: CRC Press

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Summary

An anesthesiologist chips a patient's tooth during a difficult intubation. A surgeon leaves tiny abrasions on a patient's abdomen during a delicate surgical procedure. And an operating room nurse accidentally nips a patient's finger with a pair of scissors.Not all of these examples of medical mistakes will result in malpractice suits. But for the ones that do, health care providers must invariably come to grips with facing the most important step in defending a medical malpractice lawsuit - the deposition phase. Whether or not a malpractice case ends in settlement or at trial, depositions are the most important pieces of evidence because a witness' performance during this phase is literally carved in stone, and facts elicited from depositions often play a major role throughout the remainder of the litigation.The Health Care Providers Guide To Facing The Malpractice Deposition can provide anyone in the health care industry with the tools necessary to come out of a malpractice deposition unscathed or with as few bruises as possible. This exhaustive book includes excerpts from actual depositions, and addresses topics such as law and legal thinking, the standard of care, preparing for the deposition, and common forms of interrogation.While this text will not protect health care providers from malpractice litigation or prevent pricey settlements and judgments, it can help prevent medical personnel from becoming self-damaging witnesses and their own worst enemies.

Table of Contents

The Law and Legal Thinking
1(10)
Metamorphosis
1(2)
A Historical Analogy
3(1)
A Striking Similarity
3(1)
The Moral Paradox
4(1)
The LMO --- Legal Maintenance Organization
5(1)
The Garden of Eden
5(1)
Through the Looking Glass
6(3)
An Analogy Close to Home
9(1)
References
10(1)
What Lawyers Think About Us
11(6)
Reference
16(1)
The Standard of Care
17(12)
A Jury of Our Peers
17(1)
To Err Is Human, To Forgive Takes Litigation
18(1)
The Common Denominator of Care
19(4)
The Butterfly Rule
23(3)
The Code of the Sinking Ship
26(1)
Summary
27(1)
References
27(2)
Our Own Worst Enemy
29(12)
The Expert Witness
29(7)
The Immunity Dilemma
36(1)
Hope for the Future
37(1)
The Ten Commandments of Testimony
38(1)
Summary
39(1)
References
39(2)
Weighing the Alternatives
41(10)
The Dirty Harry Principle
42(1)
Blood Money
43(2)
Making the Fat Lady Sing
45(4)
Summary
49(1)
References
49(2)
Telling the Truth
51(6)
The Cherry Tree Rule
51(1)
The Human Data Bank
51(2)
Relying on Our Memory
53(2)
Summary
55(1)
Reference
55(2)
Preparing for the Deposition
57(16)
The Boy Scout Rule
58(1)
The Importance of Documentation
58(6)
Reviewing the Available Records
64(4)
Reviewing the Literature
68(1)
The Rehearsal
69(1)
Opening Night and the 15% Rule
70(1)
Summary
71(1)
References
72(1)
Meeting the Inquisitor
73(14)
The Chanel Rule
74(3)
Lights! Camera! Inaction!
77(1)
My Place or Yours?
78(1)
Body Language
78(3)
Listening With the Eyes
81(3)
Summary
84(1)
References
85(2)
The Inquisition
87(26)
The Main Objectives
89(6)
Establishing Delays
89(2)
Turning Debatable Issues Into Facts
91(3)
Spreading the Blame
94(1)
Common Forms of Interrogation
95(18)
In the Beginning
97(1)
Begging the Question
98(2)
Compound Questions
100(2)
Generalized Questions
102(2)
Untruths and False Assumptions
104(2)
Leading Questions
106(1)
Distracting Questions
107(1)
Hypothetical Questions
107(2)
Repetitive Questions
109(2)
Looking at Exhibits
111(2)
Traps to Avoid
113(12)
The Skunk Principle
113(2)
Watch for Contradictory Statements
115(1)
Beware of Questions Asking You to Elaborate
115(1)
Analyze Compound Questions Carefully
116(1)
Resist the Temptation to Correct the Lawyer
116(1)
Answer a Question Only if You Understand It
117(1)
Guessing Is Out
117(1)
Watch the Use of Adjectives, Adverbs, and Negatives
118(1)
Resist Being Limited to ``Yes'' or ``No''
119(1)
Keep Your Thoughts to Yourself
120(1)
Listen for Accuracy in the Entire Question
120(1)
Answer Each Question Only Once
121(1)
Prepare for Anything Embarrassing
122(2)
Exude the Right Amount of Confidence
124(1)
Summary
124(1)
References
124(1)
General Advice
125(6)
Answer Truthfully
125(1)
Maintain a Neutral Attitude
126(1)
Listen for Objections
126(1)
Just Answer the Question
126(1)
Listen Carefully to the Question
127(1)
Answer Only the Question Asked
128(1)
Refrain From Memorizing Your Testimony
128(1)
Only Give Best Recollection of Facts
128(1)
Use Everyday Language
129(1)
Admit Lack of Knowledge
129(1)
Read and Sign Your Deposition
129(1)
Summary
129(1)
References
130(1)
Afterword 131(2)
Index 133

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

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