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

Continuing Education Credits:   

* denotes specialty credits

1. Client Intake and Key Medical Concepts
   9:00 - 10:00, W. Brent Gill
   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. Proving Actual Injury Caused by Misdiagnosis
   10:00 - 10:45, Cynthia S. Rose
   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
3. Legal Ethics
   11:00 - 12:00, W. Brent Gill
   1. Conflicts of Interest
   2. Protecting Confidentiality, HIPAA
   3. Attorney Fees
   4. Dealing with Incapacitated Clients
4. Key First Steps: Establishing the Existence of Doctor-Patient Relationship and Organizing the Case
   1:00 - 2:00, Jon M. Pinnick
   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
5. Proving Negligence: Identifying Diagnostic Errors
   2:00 - 3:00, Jon M. Pinnick
   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
6. Calculating Damages and Settlement Negotiations
   3:15 - 4:30, Gloria J. Danielson
   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

GLORIA J. DANIELSON is an attorney at Ladendorf Law in Indianapolis where her practice areas include medical malpractice, personal injury, wrongful death and trial and appeals. She began her professional career in 1976 when she graduated from the University of Indianapolis (at that time, Indiana Central University) as a registered nurse. In the following 25 years, Ms. Danielson's nursing career took her to Illinois and Colorado, then back to Indiana. She worked in emergency rooms, intensive care units, medical-surgical wards, and the operating room. She earned her J.D. degree from Indiana University School of Law in 2000. Ms. Danielson is an experienced trial lawyer with settlements and judgments of more than one million dollars. She has personally argued before the Indiana Supreme Court. In addition to various speaking engagements, Ms. Danielson teaches a tort law class to registered nurses enrolled in the IUPUI Legal Nurse Certification Program. In 2009, she was nominated for the University of Indianapolis School of Nursing 50th Anniversary Distinguished Nursing Alumni Award. Ms. Danielson is a member of the American Nurses Association, Indianapolis Bar Association, Indiana Trial Lawyers Association and the Regional 7 Representative of the Trial Lawyer College Alumni Association Board.

W. BRENT GILL is the litigation manager at Ken Nunn Law Office in Bloomington , and has tried more than100 trials. He has extensive practice experience in the areas of medical malpractice, products liability and personal injury law. Mr. Gill is the Chief Justice of the Supreme Court of the Southern Cherokee Nation and is also the past chairman of Indiana 's Native American Indian Affairs Commission. He has taught and lectured to legal and professional organizations on various areas of trial advocacy and practice, communication, damages and areas of substantive law, and also lectures on Cherokee history, culture and tradition. Mr. Gill earned his B.S. degree in education from Indiana University in 1976 and his J.D. degree, cum laude, from its School of Law in January 1980. He is a 1983 graduate of the National Institute of Trial Advocacy and is board certified as a civil trial advocate of the National Board of Trial Advocacy. Mr. Gill was trained and billeted as an orthopedic technician during his military service and worked in that capacity at hospitals while completing his undergraduate degree. His professional association memberships include the Indiana Trial Lawyers Association (president, 2003-2004, board of directors, 1988-), the Association of Trial Lawyers of America (state delegate 1996-1999), Fellow of Roscoe Pound Foundation, Fellow of Indiana College of Trial Lawyers, National Native American Bar Association and the American, Indiana State, Seventh Circuit and Lawrence County bar associations.

JON M. PINNICK is a principal partner in the Indianapolis law firm of Schultz & Pogue LLP, where, for more than 20 years, he has been focusing his expertise in the defense of physicians, dentists, osteopaths and podiatrists across the state of Indiana. Mr. Pinnick has taken numerous medical malpractice trials to jury verdict as a first chair. He is licensed to practice in Indiana and before the Northern and Southern Federal District Courts as well as the Seventh Circuit Court of Appeals in Chicago, and is a member of the Defense Research Institute and the Defense Trial Counsel of Indiana. Mr. Pinnick regularly gives presentations to healthcare providers on medical/legal related issues, and he regularly serves as a speaker to attorneys in continuing legal education seminars. He earned his B.A.S. degree from Hanover College (Presidential Scholar, Academic and Athletic All-American, and member of the Mortar Board Honor Society) and his J. D. degree from Indiana University School of Law.

CYNTHIA S. ROSE is a partner in the Indianapolis law firm of Baxter, James & Rose LLP, where she has been practicing for more than 20 years in the areas of civil practice, personal injury, medical malpractice and trial practice. She has spoken previously on topics related to her areas of practice. Ms. Rose earned her B.S.N. degree from the University of Nebraska, her M.S.N. degree from the University of Illinois and her J.D. degree from the University of Indiana. She is a member of the Indianapolis, Brown County and Indiana State bar associations, The American Association of Justice and the Indiana Trial Lawyers Association.

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

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com