In this post graduate course, speakers will provide insight into the major components of a medical malpractice experience including the claim, the process of discovery and the trial experience. The course is designed to dissect the various components of a medical malpractice “experience”. It will provide insight into the mechanisms of a med mal trial, various strategic approaches taken by both plaintiff and defense throughout the process, and methods for improving practice in order to reduce professional risk. A “real” case (de-identified) is the subject matter from which examples are drawn and ultimately the audience will be electronically polled regarding their perspective on innocence vs. guilt for the defendant hospital and its employees, including nurses, advanced practitioners, and physicians.

Objectives

  • Understand the process of an evolving event – from claim to trial.
  • Identify the factors that support or prevent a successful defense.
  • Avoid the pitfalls that can support a plaintiff’s verdict.
  • Recognize and manage surgeons risk in a litigious case
  • Participate in discussion and analysis of malpractice

8:00am Introduction and course overview
8:05am Presentation of the illustrative case to be examined: just the facts
Amanda Budak, RN PhD
8:10am Claim is received and defendants notified- what am I supposed to do with this?
Eric J. DeMaria, MD FASMBS FACS
8:15am Discovery process
Todd Bartos
8:25am "Expert review: Nursing expert analysis "
Jill Meador, RN BSN CBN
8:35am Expert review: Physician expert analysis
Alfons Pomp, MD
8:45am Dealing with your medical malpractice company- what are my rights and responsibilities?
Eric J. DeMaria, MD FASMBS FACS
9:00am Pre-trial outcomes- how often is a case a case?
Tom Gerspach
9:10am The defendant- how to prepare and what to expect
Todd Bartos
9:20am Panel Discussion
9:30am Break
10:00am Trial issues: jury or judge, jury selection, rules in the Courtroom that you need to know
Tom Gerspach
10:10am The expert testimony- qualification, standard of care, impeaching the witness, who will the jury believe and why?
Todd Bartos
10:20am The plaintiff’s case
Todd Bartos
10:35am The defense’s case
Tom Gerspach
10:50am The judge’s role
Todd Bartos
11:00am Closing arguments – perspectives from: Plaintiff
Todd Bartos
11:05am Closing arguments – perspectives from: Defense
Tom Gerspach
11:10am Judge’s instruction, Jury “deliberation”, and verdict
Todd Bartos
11:30am Take home lessons
Eric J. DeMaria, MD FASMBS FACS
11:40am Management of risk
Amanda Budak, RN PhD
11:50am Further analysis and audience discussion Q&A
12:00pm Adjourn