Due to the highly technical nature and continued rise of medical malpractice claims, it is imperative to stay on top of the skills needed for a successful outcome to your case. Order today to gain a thorough understanding of a common medical malpractice case from start to finish.

1. Foundation
2. Overview of the Key New Hampshire Statutes/Rules
3. Clients - Ethical Issues and Practical Considerations
4. Initial Case Work Up
5. Effective Trial Preparation
6. Experts
7. Screening Panels
8. Resolving Disuptes Ethically
9. Trials

1. FOUNDATION
   9:00 - 9:30, Christine McCarthy Smith
   1. Current Case Law and Legislative Update
   2. Understand Physician and Hospital Liability
   3. The Law of Damages
2. OVERVIEW OF THE KEY NEW HAMPSHIRE STATUTES/RULES
   9:30 - 10:00, Bradley D. Holt
   1. RSA 507-E (Medical Injury)
   2. RSA 519-B (Screening Panels)
   3. Superior Court Rules
3. CLIENTS – Ethical Issues and Practical Considerations
   10:00 - 10:30 and 10:45 - 11:15, David P. Slawsky
   1. Plaintiffs - Case Screening
   2. Defendants - Conflicts/Dumbas Issues; Regulatory/Administrative Bodies
   3. Confidentiality
   4. Managing Your Clients
   5. Advertising
4. INITIAL CASE WORK UP
   11:15 - 11:45, Jill L. Davidson
   1. Getting and Sharing the Relevant Records (Which medical records? What else?)
   2. Special Issues With Electronic Charts
   3. Deciphering the Medical Chart
   4. Key Terminology and Procedures to Understand
   5. Resources For Medical Research
   6. Getting and Using Medical Literature
   7. Experimental Therapy and Alternative Medicine
5. EFFECTIVE TRIAL PREPARATION
   11:45 - 12:15, David P. Slawsky
1. Compelling Discovery
2. New FRCP Rules of Electronic Evidence
3. Taking and Defending Depositions
4. Using Technology to Collect, Analyze, and Present data
5. Initial Court Filings
6. Preserving and Organizing Evidence for Trial
7. Sample Checklist
6. EXPERTS
   1:15 - 1:45, Bradley D. Holt
   1. Locating Experts
   2. Interviewing Tactics
   3. Threshold for Qualification (Daubert Considerations)
   4. Preparing Experts
   5. Avoiding Expert Bias
   6. The "Professional" Expert
   7. The Disclosure/Reports
7. SCREENING PANELS
   1:45 - 2:30, David P. Slawsky
   1. New Rules - The Perkins Committee
   2. Mini-Trial or Screening Process?
   3. Practice Tips
   4. Confidentiality
8. RESOLVING DISPUTES ETHICALLY
   2:45 - 3:45, David P. Slawsky
   1. It's None of My Business but...(Ethical Issues and Pressure Points)
   2. :Private Mediation or Something Else
   3. Calculating Damages: Real Liens and Phantom Expenses
   4. Effectively Negotiating the Deal
   5. Multi-Party Settlements, Partial Settlements, and Structured Settlements (and Court Approval)
9. TRIALS
   3:45 - 4:30, Christine McCarthy Smith
   1. Motion Practice
   2. Jury Selection - Lawyer Conducted Voir Dire
   3. Effective Opening Statements and Closing Arguments
   4. Proof of Causation
   5. Direct and Cross-Examination
   6. Proving Damages
      

JILL L. DAVIDSON is a Nurse Legal Consultant for Nixon, Raiche, Vogelman, Barry & Slawsky Law firm in Manchester, New Hampshire. Ms. Davidson earned her B.A. degree from Baldwin Wallace College in Berea, Ohio and her nursing diploma from Lutheran Medical Center School of Nursing in Cleveland, Ohio. She is a certified emergency nurse and instructs a multiple trauma component for critical care course and a telemetry and cardiovascular component for telemetry course.

BRADLEY D. HOLT is a partner with the law firm of Nelson, Kinder, Mosseau & Saturley, P.C., where he leads the firm's medical services practice group. He represents doctors, hospitals, mental health professionals and labs in litigation, as well as in credentialing disputes and before the board of medicine. Mr. Holt also has handled cases involving commercial litigation, land use law, environmental litigation, toxic torts and insurance coverage disputes. He graduated from Dartmouth College and the Boston University School of Law.

CHRISTINE MCCARTHY SMITH is an experienced trial attorney who has more than 25 years experience as a registered nurse. Ms. McCarthy Smith has combined her nursing knowledge and legal skills to successfully resolve medical malpractice cases through settlements and trial. She has taught nursing at several universities including George Mason University in Virginia and the University of New Hampshire in Durham. Ms. McCarthy Smith earned her J.D. degree from the Massachusetts School of Law and is admitted to practice in the federal and state courts of Massachusetts and New Hampshire. She is a member of the American Association for Justice, the New Hampshire Association for Justice and the New Hampshire Women's Bar Association.

DAVID P. SLAWSKY is the managing director at Nixon, Raiche, Vogelman, Barry & Slawsky in Manchester, where he specializes in civil litigation, focusing his practice on the representation of plaintiffs in medical malpractice, employment and personal injury cases. Mr. Slawsky earned his B.A. degree from the University at Albany and his J.D. degree from Northeastern University. After graduating from Northeastern, he served as law clerk for two years to then-Chief Judge Shane Devine of the United States District Court for the District of New Hampshire. Following that appointment, Mr. Slawsky served for one year as law clerk to Judge Norman Stahl (now a senior member of the First Circuit Court of Appeals) who at that time was newly appointed to the District Court bench. He is a member of the New Hampshire and American bar associations and the bars of the First Circuit Court of Appeals and the United States Supreme Court.

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