Medical malpractice can be expensive, time-consuming, and risky. Whether you are counsel for the plaintiff or defendant, you need to know how to assess the case and use all the tools at your disposal to best represent your client. This practical briefing will walk you through a medical malpractice case, from initial evaluation and assessment through the trial phase. Receive techniques for trying the case – for both plaintiff and defense attorneys. Order today!

1. Assessment and Evaluation of the Medical Malpractice Case (Plaintiff's Perspective)
2. The Defense Perspective on Assessing and Evaluating the Case
3. Adhering to Procedural Guidelines in Filing the Suit and Conducting Discovery
4. Understanding the Intricacies of "The Right to Die" and "Informed Consent"
5. Identifying Hospital Corporate Liability and Institutional Negligence
6. Ethics - It's Legal, But is it Right?
7. Trial Tips and Techniques for Trying the Medical Malpractice Case (Prosecution and Defense Perspectives)

1. ASSESSMENT AND EVALUATION OF THE MEDICAL MALPRACTICE CASE (PLAINTIFF'S PERSPECTIVE)
   9:00 - 9:45, D. David Ezell Jr.
   1. What Malpractice Is (and Isn't)
   2. "Screening" the Case and the Potential Client - The Initial Evaluation
   3. The Need For - and Benefits of - Expert Consultation and Review
   4. Pre-litigation Checklist
   5. Potential Areas of Liability -- Theories and Causes of Action
2. THE DEFENSE PERSPECTIVE ON ASSESSING AND EVALUATING THE CASE
   9:45 - 10:45, Kimberly S. Adams
   1. Relationships Among Insurance Carrier, Insured and Defense Counsel
   2. Potential or Actual Conflicts of Interest
   3. The Uninsured or Self-Insured Client
   4. Gathering and Reviewing Medical Records
   5. Initial Client Conference
3. ADHERING TO PROCEDURAL GUIDELINES IN FILING THE SUIT AND CONDUCTING DISCOVERY
   11:00 - 12:00, Kimberly S. Adams
   1. The Statutes
   2. The Case Law
   3. Development of Theories/Causes of Action Regarding Existing Defendants
   4. Development of New Theories/Causes of Action Regarding Additional Defendants
   5. Direction/Scope and Extent of Discovery in Malpractice Actions
   6. Avoiding the “Shotgun” and Focusing Issues
   7. The "Too Many Defendants" Problem
   8. Summary Judgment/Affidavits and Their Role in Malpractice Cases
   9. Communicating With Your Experts
4. UNDERSTANDING THE INTRICACIES OF "THE RIGHT TO DIE" AND "INFORMED CONSENT" (Directive to Withhold or Withdraw Life-Sustaining Treatment)
   1:00 - 1:45, Michael Roth
5. IDENTIFYING HOSPITAL CORPORATE LIABILITY AND INSTITUTIONAL NEGLIGENCE
   1:45 - 2:30, Kimberly S. Adams
   1. Employee Negligence
   2. Non-Employee Negligence
   3. Negligence Arising Out of Improper Monitoring and Supervision of Physicians
   4. Nursing and Therapist Negligence
6. ETHICS - IT'S LEGAL, BUT IS IT RIGHT?
   2:45 - 3:45, Kimberly S. Adams
   1. State Bar Code of Ethics and the Ethics Code of Various Specialties
   2. Real and Potential Conflicts of Interest
   3. Zealous Representation or Vexatious Practices
   4. Lawyer Liability
7. TRIAL TIPS AND TECHNIQUES FOR TRYING THE MEDICAL MALPRACTICE CASE (PROSECUTION AND DEFENSE PERSPECTIVES)
   3:45 - 4:30, D. David Ezell Jr. (Prosecution Perspective); Michael Roth (Defense Perspective)
   1. Burden of Proof
   2. Proximate Cause
   3. Organizing the Case
   4. Order of Evidence/Witnesses/Proof
   5. Use of Experts
   6. The Medical Record and Exhibits as Tools of the Trade
   7. Statutory and Case Law Requirements
   8. Defenses and Closing Argument
   9. The Jury Charges

KIMBERLY S. ADAMS is an attorney in the firm of Hall, Render, Killian, Heath & Lyman, P.C., in Indianapolis, where she focuses her practice in the areas of litigation and risk management and medical malpractice. Ms. Adams received her B.A. degree from Huntington College and her J.D. degree from Indiana University School of Law at Indianapolis. She is admitted to practice in Indiana and before the U.S. District Court for the Northern and Southern districts of Indiana. Ms. Adams is a member of the American, Indianapolis and Marion County bar associations.

D. DAVID EZELL JR. is an attorney at law in Indianapolis, Indiana, where he practices in the area of plaintiffs' personal injury cases. His practice focuses primarily on litigation of nursing home and personal injury cases. He received his B.A. degree from the University of Illinois/Chicago Circle Campus and his J.D. degree from Kent College of Law. He was an adjunct professor of law at Indiana University School of Law. Mr. Ezell was a chief deputy prosecutor with both the Johnson County Prosecutor's office and the Randolph County Prosecutor's office; a past chief investigator/deputy prosecutor with the Marion County Prosecutor's office; and a past assistant state’s attorney with the Cook County State’s Attorney's office and the DuPage County State’s Attorney's office. He is a member of the American, Chicago, DuPage and Indiana bar associations and the Indiana Trial Lawyers Association.

MICHAEL ROTH is a partner of the law firm of Eichhorn & Eichhorn, where he concentrates his practice in the areas of health care, medical malpractice defense, commercial litigation and estate planning. Mr. Roth has published articles in several legal periodicals on health care and malpractice claims. He is a member of the Health Law Litigation Section of the Defense Trial Counsel of Indiana. Mr. Roth also is a member of the Healthcare and Medicine sections of the Indiana State and Indianapolis bar associations. He earned his B.A. degree from Indiana University and his J.D. degree from the Indiana University School of Law.

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