Many medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition or injury. But even though a misdiagnosis can have a dramatic negative impact on a client's health, a mistaken diagnosis by itself is not enough to prove medical malpractice. Negligence must be established and harm demonstrated. Learn from our experienced faculty as they describe common examples of misdiagnosis and share techniques for working through the case. This information packed program will guide you through the process of proving negligence so you can successfully represent your client. Order today!

1. Client Intake and Key Medical Concepts
2. Key First Steps: Establishing the Existence of Doctor-Patient Relationship and Organizing the Case
3. Proving Negligence: Identifying Diagnostic Errors
4. Proving Actual Injury Caused by Misdiagnosis
5. Legal Ethics
6. Calculating Damages and Settlement Negotiations

Continuing Education Credits:   

* denotes specialty credits

1. Client Intake and Key Medical Concepts
   9:00 - 10:15, Robert E. Cooper
   1. Initial Client Interview
   2. Assessing the Validity of a Case
   3. Differences between Misdiagnosis, False Positive and Delayed Diagnosis
   4. Medical Malpractice Statute of Limitations
      1. Continuing Treatment Rule
   5. Best Judgment vs. Error in Judgment
   6. Obtaining a Good-Faith Letter Prior to Commencing the Case
   7. Notifying the Doctor Prior to Filing the Lawsuit
2. Key First Steps: Establishing the Existence of Doctor-Patient Relationship and Organizing the Case
   10:30 - 11:30, M. Christopher Eagan
   1. Defining Doctor-Patient Relationship, the Standard of Care, and the Breach Thereof
   2. Case Management
      1. Setting up the Timeline of Important Dates (Filing Deadlines, Etc.)
      2. Organizing the Case File
      3. Litigation Cost Management Tips
   3. Initial Discovery, Motions and Pleadings
   4. Medical Review Panel Rulings and Ramifications
3. Proving Negligence: Identifying Diagnostic Errors
   11:30 - 12:15, M. Christopher Eagan
   1. Identifying the Liable Party (Allocating Liability)
   2. Examining the Differential Diagnosis Method
   3. The Exercise of “Professional Judgment” by a Health Care Provider
   4. Invasive Testing – When is Informed Consent Required?
   5. Was the Prevailing Standard of Care Met? (What IS the Prevailing Standard of Care?)
   6. Locating and Interpreting Charts and Other Medical Records
4. Proving Actual Injury Caused by Misdiagnosis
   1:15 - 2:15, Robert L. Williams
   1. Using Medical Cases with Similar Facts (Medical Statistics)
   2. Using Medical Experts
   3. Daubert Challenges
      1. Relevance and Reliability
      2. Scientific Method
   4. Invoking Res Ipsa Loquitur
   5. Challenges to Causation
5. Legal Ethics
   2:30 - 3:30, Robert E. Cooper
   1. Conflicts of Interest
   2. Protecting Confidentiality, HIPAA
   3. Attorney Fees
   4. Dealing with Incapacitated Clients
6. Calculating Damages and Settlement Negotiations
   3:30 - 4:30, Robert L. Williams
   1. State Limitations on Damages
   2. General
      1. Loss of Enjoyment of Life
      2. Physical/Mental Pain and Suffering
      3. Loss of Future Earning Capacity
      4. Pecuniary Value of Life in Wrongful Death Cases
      5. Loss of Consortium
   3. Special
      1. Quantifiable Expenses
         1. Medical Bills
         2. Past Missed Work
   4. Punitive
   5. Attorney Fees
   6. Survival Statutes
   7. Wrongful Death Statutes
   8. Using Vocational and Economic Experts

ROBERT E. COOPER, a partner in the firm of Christian Small LLP, focuses his practice on the defense of healthcare providers, including hospitals, doctors, nursing homes and allied support personnel, product liability litigation, and trucking company defense. Mr. Cooper has lectured for the Alabama State Bar on several occasions and for other CLE seminars. He is a member of the Birmingham and American bar associations, the Alabama State Bar, the Alabama Defense Lawyers Association, the Defense Research Institute, and the Federation of Corporate Counsel. Mr. Cooper also is a member of the Transportation Lawyers Association and the Trucking Industry Defense Association, and is a fellow in The International Academy of Trial Lawyers. He earned both his B.S. and J.D. degrees from the University of Alabama.

M. CHRISTOPHER EAGAN is an attorney in the law firm of Starnes Davis Florie LLP. Mr. Eagan has more than 20 years of experience representing physicians, hospitals and other health care providers in medical malpractice cases. He received his B.A. degree from the University of Alabama, Tuscaloosa, Alabama and his J.D. degree from Cumberland School of Law, Samford University, Birmingham, Alabama. Mr. Eagan is a member of the Birmingham, American and Alabama State bar associations, the Alabama Defense Lawyers Association, the American Board of Trial Advocates, and the Defense Research Institute.

ROBERT L. WILLIAMS is a member at the law firm of Haskell Slaughter Young & Rediker, LLC, where he practices in the areas of medical malpractice, products liability and insurance law. Mr. Williams is a member of the Birmingham Bar Association, the Alabama State Bar, the Alabama Defense Lawyers Association and the Defense Research Institute. He earned his B.S. and M.S. degrees from Auburn University and his J.D. degree from the University Of Alabama School Of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

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Phone: 866-240-1890

Email: credit@nbi-sems.com