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:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. Client Intake and Key Medical Concepts
   9:00 - 10:00, Ernest A. DelDuchetto
   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. Obtaining a Good-Faith Letter Prior to Commencing the Case
   7. Notifying the Doctor Prior to Filing the Lawsuit
2. Key First Steps: Establishing the Existence of Doctor-Patient Relationship and Organizing the Case
   10:00 - 10:45 - James D. Lantier
   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
   11:00 - 12:00, Kevin Hunt
   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, James D. Lantier
   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, Ernest A. DelDuchetto, Timothy J. DeMore, Kevin Hunt and James D. Lantier
   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, Timothy J. DeMore
   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

ERNEST A. DelDUCHETTO is a partner in the Syracuse law firm of DelDuchetto & Potter, where he practices in the areas of medical malpractice and personal injury. He is a frequent lecturer for the state bar and the county bar on subjects related to his areas of practice. Mr. DelDuchetto earned his B.A. degree from Adrian College and his J.D. degree from Syracuse University. He is a member of the New York State Bar Association, the Onondaga County Bar Association, the New York State Trial Lawyers Association and the American Trial Lawyers Association.

TIMOTHY J. DeMORE is a partner with the law firm of Hiscock & Barclay LLP. Mr. DeMore is an experienced trial attorney having successfully tried numerous high profile cases to verdict in state and federal courts. He has also successfully argued multiple appeals in state and federal courts on behalf of plaintiffs and defendants. Mr. DeMore's practice is focused on a variety of litigation matters, including products liability, medical malpractice, wrongful death, personal injury, subrogation claims and insurance defense cases. He earned his B.A. degree from Gettysburg College and his J.D. degree, cum laude, from Syracuse University College of Law. Mr. DeMore is a member of the New York State and Onondaga County (co-chair, Trial Lawyers Section) bar associations, and the New York State Academy of Trial Lawyers.

KEVIN HUNT has been a partner with Sugarman Law Firm LLP since 1999. He has expertise defending medical, dental and legal malpractice, and catastrophic personal injury claims, and has successfully represented clients before a number of state agencies. Experienced in both jury trials and alternative dispute resolutions, Mr. Hunt is involved in arbitration, mediation and appeals. He is a regular contributor to MD News, writing on an array of topics. He is a member of the New York State Academy of Trial Lawyers. Mr. Hunt is a graduate of Washington and Lee University, where he earned his B.A. degree in economics. He graduated from Syracuse University College of Law in 1991.

JAMES D. LANTIER is a managing partner of Smith, Sovik, Kendrick & Sugnet, P.C., in Syracuse. His primary areas of practice are in professional liability, and administrative and licensing procedures. Mr. Lantier's professional liability experience has been in defense of physicians, dentists, attorneys, accountants, nurses, chiropractors, podiatrists, optometrists and other licensed professionals. He lectures extensively to professional organizations, and state and county bar associations. He earned his B.A. degree, cum laude, from Boston College and his J.D. degree from Syracuse University College of Law. Mr. Lantier is a member of the Onondaga County Bar Association, New York State Bar Association, American Bar Association, Federation of Insurance and Corporate Counsel, and the Defense Research Institute.

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