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Texas Medical Malpractice Defense 2013

Texas Medical Malpractice Defense is intended as a practical guide for risk managers, general counsel, insurance adjusters and health care providers wanting to familiarize themselves with the defense of a health care claim in Texas. The book reviews every step of litigation, from evaluating the initial incident, developing the defense and assessing exposure, through trial and post-trial motions. Each of the 72 focused chapters contains a summary of statutory law, key cases and practical pointers.

Texas Medical Malpractice Defense is available for $125 through Amazon. Eligible health care providers and insurers may obtain free copies. Please contact us for details.

Authors:

Edward J. Kroger, MD, JD is managing partner of Kroger | Burrus. Dr. Kroger is a graduate of Baylor University, the University of Texas Southwestern Medical School, and the University of Texas School of Law. He completed a residency in Internal Medicine at the University of Texas Health Science Center at Houston. Dr. Kroger represents health care providers and their insurers throughout Texas.

E. Dale Burrus, JD, LLM is a founding partner of Kroger | Burrus. She obtained her Bachelor of Business Administration degree in accounting from Milsaps College, her Juris Doctorate from Washington and Lee University, and her Masters Degree in Health Law from the University of Houston. She focuses her practice primarily on medical malpractice and health care law where she provides medical/legal consulting services related to contractual and regulatory issues.

Contributing Authors:

Lauren M. Nelson, JD and Leah A. Greene, JD, LLM

Table of Contents:

I. PRE-SUIT

  1. Adverse Events and Incident Reports
  2. Investigation and Peer Review
  3. Reporting
  4. Pre-Suit Resolution
  5. Notice of Claim
  6. Medical Authorizations and Obtaining Records
  7. Pre-Suit Depositions

II. TYPES OF CLAIMS

  1. Health Care Liability Claim – Definition and Elements
  2. Health Care Provider – Patient Relationship
  3. Health Care Negligence and Other Liability Theories
  4. Informed Consent Claims
  5. Vicarious Liability
  6. Emergency Medical Care and EMTALA
  7. Wrongful Death and Survival Actions
  8. Causation
  9. Non-Health Care Negligence Claims
  10. Gross Negligence
  11. Damages Introduction
    1. Medical Expenses
    2. Loss of Earning Capacity
    3. Loss of Household Services
    4. Funeral/Burial Expenses
    5. Non-Economic Damages
    6. Loss of Consortium
    7. Exemplary Damages
    8. Prejudgment and Postjudgment Interest
  12. Damages – Limitations on Recovery

III. ANSWERING A SUIT

  1. Statutes of Limitations
  2. Court System Structure
  3. Plaintiff’s Petition and Service
  4. Venue
  5. Personal Jurisdiction
  6. Misnomer and Misidentification of Defendant
  7. Answer – General Denials
  8. Affirmative Defenses
  9. Jury Demand
  10. Amending the Petition or Answer
  11. Special Exceptions

IV. INITIAL DEVELOPMENT (FIRST 120 DAYS)

  1. Initial Meeting with Defendant
  2. Coverage Issues
  3. Obtaining Records From Authorizations
  4. Selecting Defense Experts

V. PLAINTIFF’S CHAPTER 74 EXPERT OBLIGATIONS

  1. Expert Report Requirements
  2. Objecting to Plaintiff’s Expert Reports
  3. Amending a Statutory Expert Report

VI. DISCOVERY

  1. Types of Discovery – Overview
  2. Discovery Control Plan
  3. Rule 11 Agreements
  4. Spoliation of Evidence

VII. WRITTEN DISCOVERY

  1. Requests for Disclosure
  2. Requests for Admission
  3. Interrogatories
  4. Requests for Production
  5. Obtaining Additional Records and Proving Up Records

VIII. DEPOSITIONS, IME’S AND SUBPOENAS

  1. Plaintiff Depositions
  2. Defendant Depositions
  3. Fact Witness Depositions
  4. Independent Medical Examinations
  5. Investigators
  6. Plaintiff Expert Depositions
  7. Defendant Expert Depositions
  8. Objections to Experts (Daubert/Robinson)

IX. CASE EVALUATION

  1. Case Evaluation

X. PRETRIAL RESOLUTION

  1. Motions for Summary Judgment
  2. Settlement Demands, Stowers and Response
  3. Mediation
  4. Ancillary Settlement Issues
  5. Guardians Ad Litem
  6. Reporting Settlements

XI. TRIAL

  1. Trial Preparation
  2. Trial in General
  3. Pretrial Matters and Motions
  4. Voir Dire
  5. Plaintiff’s  Case
  6. Defendant’s Case
  7. Jury Charge
  8. Verdict

XII. POST-TRIAL

  1. Judgment
  2. Post-Trial Motions
  3. Appeals

APPENDIX – LEGAL CITATIONS AND ABBREVIATIONS

 

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