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 - 10:00, Oliver Schrumpf
   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. Request for Medical Review Panel
2. Key First Steps: Establishing the Existence of Doctor-Patient Relationship and Organizing the Case
   10:15 - 11:15, Oliver Schrumpf
   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
   11:15 - 12:15, Benjamin P. Mouton
   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. Was the Prevailing Standard of Care Met? (What IS the Prevailing Standard of Care?)
   5. Locating and Interpreting Charts and Other Medical Records
4. Proving Actual Injury Caused by Misdiagnosis
   1:15 - 2:15, Benjamin P. Mouton
   1. Using Medical Cases with Similar Facts (Medical Statistics)
   2. Using Medical Experts
   3. Daubert Challenges
      1. Relevance and Reliability
      2. Scientific Method
   4. Loss Chance of Survival/Better Outcome
   5. Invoking Res Ipsa Loquitur
   6. Challenges to Causation
5. Legal Ethics
   2:30 - 3:30, Bertha Iturralde Taylor
   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, Bertha Iturralde Taylor
   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. Damages of Loss Chance of Survival/Better Outcome
   5. Survival Statutes
   6. Wrongful Death Statutes
   7. Using Vocational and Economic Experts

BENJAMIN P. MOUTON is a partner of the Baton Rouge law firm of McGlynn, Glisson & Mouton, where he focuses his law practice on plaintiff's medical malpractice, nursing home negligence, prescription drug errors and legal malpractice cases. He joined the firm in October 2000 and has more than 20 years of experience as a trial attorney. He has a statewide practice in both state and federal courts. Mr. Mouton is Board Certified in medical malpractice law by the American Board of Professional Liability Attorneys. He is a frequent speaker to lawyers, judges, adjusters and paralegals on such topics as medical malpractice, trial practice and medical records. Mr. Mouton earned his B.S. degree from the University of Southwestern Louisiana and his J.D. degree from Louisiana State University. He is a member of the Baton Rouge Bar Association (Pro Bono Project & Double Century Club Member), the Louisiana State Bar Association, the American Association for Justice (Professional Negligence Section) and the Louisiana Association for Justice (Medical Malpractice Section). Since 2008, he has served on LAJ's Legislative Committee. He is a past chairman of the Medical Malpractice Section of LAJ. Also in 2009, he was nominated to serve on the Louisiana Health Care Commission by LAJ and is currently serving a two-year term. He is also a member of the LAJ Board of Governors for 2010-2011.

OLIVER SCHRUMPF has been a partner in the Sulphur, Louisiana law office of Schrumpf & Schrumpf, APLC since 1985. He practices principally in the areas of personal injury, medical malpractice and general personal injury. Mr. Schrumpf is licensed to practice in all state courts in Louisiana and Texas; all federal courts in Louisiana; the Eastern, Northern and Southern districts of Texas;, the Fifth U.S. Circuit Court of Appeals; and the U.S. Supreme Court. He is an alumni of McNeese State University and earned his J.D. degree from LSU Law School. Mr. Schrumpf has served his community as Scoutmaster of Troop 33, director of the West Calcasieu Airport, past director of Carlyss Lions Club, Sulphur Rotary Club and Boy's Village. He has also served in many other volunteer capacities. He has written articles published in the Texas Trial Lawyers Forum and Louisiana Advocate. He has previously lectured for National Business Institute, as well as the Louisiana Association for Justice (Medical Malpractice Section). He has also been selected as a Louisiana Super Lawyer in years past by the National Super Lawyers Organization.

BERTHA ITURRALDE TAYLOR is an attorney in the law firm of Bertha Iturralde Taylor, L.L.C. She practices in the areas of medical malpractice and personal injury. Ms. Taylor is also a registered nurse and Certified Professional in Utilization Review (CPUR). She was a speaker for Southern University Law School and Tulane University School of Medicine. She also substituted at LSU Law Center. Ms. Taylor earned her associate in nursing, her B.A. in Spanish and her bachelor in civil law. She also earned her J.D. degree from LSU Law Center. Ms. Taylor is a member of the Baton Rouge Bar Association and the Louisiana Association for Justice (Auto Torts and Medical Malpractice Section).

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