Expert Guidance on the Unique Challenges of ER Malpractice
U.S. emergency departments treat over 130,000,000 patients every year, and the complexity and diversity of emergency presentations can be daunting. While the overwhelming volume of care proceeds without a hitch, the field of emergency medicine is also frequently caught in the crosshairs of malpractice litigation.
Understanding the unique dynamics of ER malpractice is critical for plaintiff and defense, and the failure to appreciate key constructs can derail any case. For an inside look at the pearls and pitfalls of handling emergency medicine malpractice cases - with first-hand insight from the lead attorney on a $4M+ ER case - join Dr. Burton Bentley and Attorney Tom Mortati for this third installment in Insights Beyond the Law.
Dr. Bentley will begin the course by exploring the scope of medical malpractice in the ER and provide practical guidance on deciphering key areas of the emergency department medical record. Mr. Mortati will then highlight key principles using his multi-million dollar spine fracture case as an exemplar. Dr. Bentley and Mr. Mortati will conclude the CLE with trial-tested strategies to consider on your next Emergency Medicine case. Both speakers will remain for audience questions at the conclusion.
Why Understanding ER Malpractice is Relevant to You
Common Areas of Risk
Unique Factors of Emergency Medicine Litigation
Analyzing the Emergency Department Record: 6 Mission-Critical Areas Not to Miss
Case Study: $4,000,000 Settlement for Missed Thoracic Fracture
Where to Begin
Pearls & Pitfalls of Emergency Medicine Litigation
DR. BURTON BENTLEY II, M.D., FAAEM, is a board-certified emergency medicine physician and a nationally recognized authority on medical liability, informed consent, and complex issues at the intersections of medicine, business & law. As CEO of Elite Medical Experts, Dr. Bentley and his team have consulted on over 8000 medicolegal matters totaling over $3B at risk. He secured a Bachelor of Science in biochemistry as a Phi Beta Kappa graduate of the University of Arizona before earning his medical degree at the same institution where he was awarded Alpha Omega Alpha before graduating at the top of his class. Dr. Bentley then completed a residency in emergency medicine at the Medical College of Wisconsin where he served as a flight physician on nearly 100 emergency missions. He then practiced full-time emergency medicine as a partner at Northwest Tucson Emergency Physicians for 21 years before stepping out to pursue a novel medical device that he patented and commercialized in 2016. Throughout his entire clinical career, Dr. Bentley consulted on complex medicolegal issues, and in 2010 he founded Elite Medical Experts, a consulting firm that aligns professors of medicine and surgery as consulting and testifying experts in complex litigation. Elite serves over 4,000 clients across the United States including law firms, governmental entities, corporate entities, and insurers. Dr. Bentley lectures extensively on medicolegal topics and consults strategically on medical negligence, informed consent, risk mitigation, and crisis management at the clinical practice level. More recently, he co-founded Consent Spectrum, a digital platform to optimize informed consent for nearly every aesthetic medical procedure.
THOMAS J. MORTATI is a Supervising Attorney at Martin, Harding & Mazzotti, LLP (MHM) where he builds upon nearly 30 years of trial experience for both plaintiff and defense. Mr. Mortati graduated from Fordham University (1988) and Albany Law School (1991) before beginning his legal career at a multinational firm in New York City. In 1993, he moved to Albany as a partner at a personal injury defense firm handling high exposure cases in medical malpractice, law enforcement, construction, and products liability cases in both state and federal court. In 2017, Mr. Mortati joined MHM handling purely plaintiff cases and has tried cases in over 20 counties across New York and Connecticut. In August 2019, he won a record $7.436 million verdict in St. Lawrence County Supreme Court for a medical malpractice case involving a laparoscopic cholecystectomy (gall bladder removal). The award was nearly 10 times the pretrial settlement offer and is one of the largest verdicts in the nation for complications of cholecystectomy. In June 2018, Mr. Mortati obtained the first plaintiff verdict in Rensselaer County Supreme Court in more than five years. Mr. Mortati has been featured on Dateline NBC special ("The Accused"; 2016 and 2017), Deadline Crime with Tamron Hall ("Home Alone"; 2017), Investigation Discovery Channel, HBO ("Who Killed Garrett Phillips?"; 2019), and ABC's 20/20 ("Rear Window"; 2016), as well as the Roberta Glass True Crime Report podcast ("Who Killed Garrett Phillips: Solved!'; 2020). Mr. Mortati is admitted to practice in New York, Connecticut, all U.S District courts in New York, the District of Connecticut, the U.S. Court of Appeals for the Second and Eighth circuits, and at the United States Supreme Court. He is a past President of the Capital District Trial Lawyers Association and has lectured for the New York State Bar Association, New York State Trial Lawyers Association, and Capital District Trial Lawyers Association. Mr. Mortati is named in Super Lawyers and has earned a Martindale Hubbell AV rating since 2002. He is a member of the NYS Academy of Trial Lawyers and was inducted into the National Trial Lawyers Civil Plaintiff top 100 in 2019.
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