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 - 9:55, Frank A. Silvestri
   1. Initial Client Interview
   2. Assessing the Validity of a Case
   3. Misdiagnosis, Delayed Diagnosis, Failure to Confirm or Rule Out
   4. Medical Malpractice Statute of Limitations
      1. Discovery
      2. Continuing Treatment Rule
      3. Prescription and Peremption
   5. Reasonable Care and Best Medical Judgment
   6. Expert Review Before Filing
   7. Notifying the Doctor Prior to Filing the Lawsuit
2. Key First Steps: Establishing the Existence of Doctor-Patient Relationship and Organizing the Case
   9:55 - 10:45, Frank A. Silvestri
   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. Initial Discovery, Motions and Pleadings
      4. Litigation Cost Management Tips
      5. Medical Review Panel Rulings and Ramifications
3. Proving Negligence: Identifying Diagnostic Errors
   11:00 - 12:00, Lydia H. Toso
   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
   1:00 - 2:00, Thomas B. Calvert
   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
   2:15 - 3:15, Thomas B. Calvert
   1. Conflicts of Interest
   2. Protecting Confidentiality, HIPAA
   3. Attorney Fees
   4. Dealing with Incapacitated Clients
6. Calculating Damages and Settlement Negotiations
   3:15 - 4:30, Lydia H. Toso
   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

THOMAS B. CALVERT is the owner of Thomas B. Calvert, A Professional Law Corporation in Metairie, Louisiana, where he practices in the areas of medical malpractice and personal injury. He earned his B.S. degree from the University of New Orleans and his J.D. degree from Tulane University School of Law. Mr. Calvert is a member of the Louisiana State Bar Association (member, Client Assistance Fund Committee 2003-present). He is authorized and admitted to practice in all courts in the state of Louisiana as well as the U.S. Supreme Court.

FRANK A. SILVESTRI is a partner is the New Orleans law firm of Silvestri & Massicot, LLC. He practices in the areas of maritime law, products liability (including pharmaceutical products liability) and medical malpractice law. Mr. Silvestri earned both his B.A. and J.D. degrees from Tulane University of Louisiana.

LYDIA H. TOSO is special counsel in the New Orleans office of Breazeale, Sachse & Wilson, L.L.P., where she practices primarily in the areas of healthcare law, medical malpractice and insurance defense. Ms. Toso has practiced for over 21 years in the field of medical malpractice defense. She earned her B.A. degree from Hollins College, her M.A. degree from Virginia Tech and her J.D. degree from Tulane University. Ms. Toso is a member of the Louisiana State Bar Association, Louisiana Association of Defense Counsel and the Louisiana Association of Hospital Attorneys. She is a frequent lecturer in her areas of practice.

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Phone: 866-240-1890

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