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 Negligence vs. Simple Negligence
2. Medical Malpractice vs. Duty to Warn
3. Determining Whether Attorney-Client Relationship Exists With the Doctor
4. Failure or Delay in Ruling Out Serious, Life-Threatening Cause
5. Defining the Standard of “Reasonable Care”
6. Failure to Identify, Isolate and Protect Vital Structure During Surgery
7. Defining “Inherent Risk” in the Practice of Medicine – What if Injury Resulted From the Known Risk?
8. Erroneous Medication Prescription
9. Medical Device Malfunction

  MEDICAL NEGLIGENCE VS. SIMPLE NEGLIGENCE
9:00 - 9:40, Kurt B. Gilbert

  MEDICAL MALPRACTICE VS. DUTY TO WARN
9:40 - 10:20, Charlotte Mary Toulouse

  DETERMINING WHETHER ATTORNEY-CLIENT RELATIONSHIP EXISTS WITH THE DOCTOR
10:35 - 11:35, James P. Lyle

  FAILURE OR DELAY IN RULING OUT SERIOUS, LIFE-THREATENING CAUSE
11:35 - 12:15, Kurt B. Gilbert

  DEFINING THE STANDARD OF “REASONABLE CARE”
1:15 - 1:45, Kurt B. Gilbert

  FAILURE TO IDENTIFY, ISOLATE AND PROTECT VITAL STRUCTURE DURING SURGERY
1:45 - 2:15, Charlotte Mary Toulouse

  DEFINING “INHERENT RISK” IN THE PRACTICE OF MEDICINE – WHAT IF INJURY RESULTED FROM
THE KNOWN RISK?
2:15 - 2:55, James P. Lyle

  ERRONEOUS MEDICATION PRESCRIPTION
3:10 - 3:50, Charlotte Mary Toulouse

  MEDICAL DEVICE MALFUNCTION
3:50 - 4:30, James P. Lyle

KURT B. GILBERT is a director in the Santa Fe office of Rodey Law Firm. He is a member of the litigation department, and focuses his practice on representing healthcare providers, product manufacturers, insurance companies and utility companies in personal injury and complex commercial litigation. Mr. Gilbert has tried numerous cases to judges and juries in New Mexico state and federal courts. He has lectured on a variety of topics, including medical record privacy, toxic tort litigation and professionalism. Mr. Gilbert is the co-editor of the New Mexico chapter of Aspen Publishing Company's Tort Law Desk Reference: A Fifty State Compendium and the co-author of Unfair Trade Practices: A Compendium of State Law, DRI Defense Library Series (2005). He is a member of the State Bar of New Mexico (Natural Resource Law and Trial Practice sections), American Bar Association (Litigation Section), 1st Judicial District Bar Association, New Mexico Trial Lawyers Association and Defense Research Institute. He earned his J.D. degree at the University of New Mexico and his B.A. degree at Northwestern University.

JAMES P. LYLE is a sole practitioner in Albuquerque, where he practices primarily in the areas of products liability, environmental contaminations, medical malpractice, employment and civil rights claims on behalf of individuals, private businesses and governmental entities. He has spoken numerous times on general liability, civil practice, products liabilities and other issues for various organizations. Mr. Lyle is a past adjunct professor with the University of New Mexico School of Law. He earned his B.S. degree, with distinction, from the University of New Mexico, College of Engineering and his J.D. degree from the University of New Mexico, School of Law.

CHARLOTTE MARY TOULOUSE is the owner of the Toulouse Law Firm in Albuquerque, New Mexico. Ms. Toulouse has more than 32 years of experience as an attorney in the areas of personal injury, domestic relations and medical malpractice. She has spoken on risk management issues for hospitals. Ms. Toulouse earned her B.A. degree from the University of New Mexico and her J.D. degree from the University of Notre Dame. She is a member of the State Bar of New Mexico and the American Trial Lawyers Association.

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