This comprehensive overview covers common substantive arguments that you're likely to encounter in your medical malpractice. Let our experienced practitioners show you both sides of the coin, as they discuss the most effective case themes and strategies applicable in various situations. Whether it's your first or thirty-first year in medical malpractice, you will find this engaging and easily applicable. Order today!

1. Medical Malpractice Case Intake
2. Medical Malpractice Themes and Defenses
3. Bad Faith
4. Damages

1. MEDICAL MALPRACTICE CASE INTAKE
   9:00 - 10:15, H. Philip Grossman and John W. Phillips
   1. Plaintiff's Intake:
      1. Damages
      2. Parties
      3. Statute of Limitations
      4. Liability
   2. Defense Intake:
      1. Investigation of Facts
      2. Anticipation of Plaintiff's Theories
      3. Identification of Defenses
2. MEDICAL MALPRACTICE THEMES AND DEFENSES
   10:30 - 11:45 and 12:45 - 2:30 and 2:45 - 3:30, H. Philip Grossman, John W. Phillips and Hans G. Poppe
   1. Threshold Legal Considerations
      1. Determining whether Doctor-Patient Relationship Existed
      2. Defining the Applicable Standard of Care
      3. Requirement of Expert Testimony
         1. Res Ipsa Loquitur
         2. Standard of Care Experts and Causation Experts
         3. Expert Qualifications: Sufficiency, Specialty, Location
      4. Statute of Limitations
   2. Specific Legal and Factual Medical Malpractice Theories
      1. Abandonment
      2. Informed Consent/Medical Battery
      3. Failure to Admit/EMTALA
      4. Misdiagnosis/Delay in Diagnosis
      5. Failure to Act on Abnormal Test Results
      6. Liability Based upon Alleged Misinterpretation of Test Results: X-rays, Scans, EKG's, Lab Results, etc.
      7. Performance of Unnecessary Surgery Based upon a “False Positive” Diagnosis
      8. Failure to Refer to/Consult with Specialists
      9. Poor Communication among Healthcare Providers – Patient “Falling through the Cracks”
      10. Failure to Identify, Isolate and Protect Vital Structures during Surgery
      11. Retained Foreign Bodies
      12. Inappropriate Injection of Medication
      13. Inadequate, Missing or Changed Documentation
      14. Erroneous Medical Prescription
      15. Birth Trauma/Developmental Disability Cases
      16. Wrongful Birth/Life Torts
   3. Derivative Liability
      1. Of Physicians
         1. Vicarious Liability for the Acts of Others
         2. Negligent Supervision
      2. Of Institutions
         1. Vicarious Liability for Actual Agents
         2. Vicarious Liability for Actual Agents
         3. Negligent Hiring/Credentialing/Retention
3. BAD FAITH
   3:30 - 4:00, Hans G. Poppe
   1. First Party: Assignment of Excess Judgments
   2. Third Party: Unfair Claims Settlement Practices
4. DAMAGES
   4:00 - 4:30, H. Philip Grossman, John W. Phillips and Hans G. Poppe
   1. Survival Actions
      1. Past Medical Expenses
      2. Future Medical Expenses
      3. Life Care Planning
      4. Life Expectancy
      5. Loss of Chance
      6. Increased Risk of Future Harm
      7. Pre-Existing Conditions
   2. Wrongful Death Actions
      1. Destruction of Earning Capacity
   3. Loss of Consortium
      1. Spousal
      2. Parents
      3. Children
   4. Punitive Damages

H. PHILIP GROSSMAN is a partner in the Louisville law firm of Grossman & Moore PLLC. He concentrates his practice in plaintiff's personal injury cases. These include medical negligence, including cerebral palsy and other birth trauma cases, product liability, automobile accident, truck accident and other cases involving injuries to people. The cases Mr. Grossman handles range in nature from those involving fractures and serious disabling injuries to those resulting in catastrophic injuries such as brain injury, paralysis and wrongful death. He graduated with his B.A. degree from Washington University in St. Louis and his J.D. degree from the University of Louisville's Brandeis School of Law. Mr. Grossman was admitted to the practice of law in Kentucky in 1980 and is admitted to practice law in Indiana. He is listed in the Kentucky Superlawyers publication in the area of plaintiff's medical negligence by the publishers of Law and Politics. Mr. Grossman has served the Louisville Bar Association, including as its president in 1996. He is currently a member of the Board of Governors of the KJA. Mr. Grossman is a founder and master of the Louis D. Brandies American Inn of Court. He has served as a presenter at seminars on medical negligence, brain injury and trial practice. Mr. Grossman has provided public service by participating on the boards of the Louisville Bar Foundation, Brain Injury Association of Kentucky and the Kentucky Disabilities Coalition. In 2003 he received the Louis D. Brandeis School of Law Distinguished Alumni Award and in 2007 he received the Louisville Bar Association Distinguished Service Award. Mr. Grossman has been recognized in the publication of Kentucky Super Lawyers 2007 and 2008, and is one of Louisville's Top Lawyers as Picked by Their Peers, 2008.

JOHN W. PHILLIPS is a partner in the litigation firm of Phillips Parker Orberson & Arnett P.L.C., in Louisville, Kentucky. He has been a litigator specializing in the field of insurance defense and professional liability for the last 29 years. Mr. Phillips has previously lectured for National Business Institute on medical malpractice and trial practice topics. He earned his B.A. and J.D. degrees from the University of Kentucky. Mr. Phillips is a member of the Louisville, Kentucky and American bar associations, and the Kentucky Justice Association, the Defense Research Institute, and is a fellow of the American College of Trial Lawyers.

HANS G. POPPE is an attorney at The Poppe Law Firm in Louisville, Kentucky, where he practices in the areas of litigation, medical negligence, insurance bad faith, personal injury, products liability, legal negligence, consumer protection, consumer fraud, complex litigation, automobile accidents and injuries. He has lectured to various professionals on his areas of expertise. Mr. Poppe earned his B.S. degree, with honors, from the University of Louisville and J.D. degree, cum laude, from the University of Louisville. He is a member of the Louisville and Kentucky bar associations, and The Association of Trial Lawyers of America, and the Kentucky Justice Association (member, Board of Governors 2005-present).

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