This textbook is about the law of medical malpractice and how to prevent a malpractice lawsuit. It grew out of an earlier book covering medical negligence in Singapore. The book's primary goal is to provide a clear and simple explanation of the American law of medical malpractice, informed consent and risk management. Written with the clinician in mind, it is legally uncomplicated without being overly simplistic. The book is as much about medicine as it is about law; above all, it is about patients. It is written with the fervent belief that with better education, there will emerge a better appreciation of the expectations of the patient — often unmet — and the standards of the legal system — often misunderstood. Fewer lawsuits and improved patient care will hopefully follow.
The book is in five sections. The first covers the law of malpractice and informed consent while the second covers risk management with chapters on confidentiality, communication and risk management tips. Section III is a single chapter on reforming the system, and discusses both medical and legal proposals. The subject of tort reforms is covered in this chapter. A review section consisting of 35 multiple choice questions and answers constitutes Section IV. The book concludes with a glossary of legal terms.
Sample Chapter(s)
Chapter 4: Standard of Care (82 KB)
Section IV: Multiple Choice Questions And Answers (145 KB)
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Contents:
- The Law of Malpractice and Informed Consent:
- Condition Critical, Prognosis Guarded
- What Is and Isn't Malpractice
- Legal Duty
- Standard of Care
- Causation
- Damages
- Expert Testimony
- Affirmative Defenses
- Physician Countersuits
- Informed Consent
- Patients Who Drive: A New Worry for Doctors
- End-of-Life Issues
- Complementary and Alternative Medicine
- Products Liability
- Institutional and Managed Care Liability
- Medical Trainees
- Risk Management:
- Medical Reports and Confidentiality
- Cyber-Medicine
- What Do Malpractice Lawsuits Look Like?
- How to Avoid Becoming a Horror Story
- Medical Errors and Their Disclosure
- Understanding Malpractice Insurance
- What to Expect Now that You've Been Sued
- Reforming the System:
- Medical and Legal Reforms
- Multiple Choice Questions and Answers
- Glossary of Legal Terms
Readership: Doctors in practice and training, nurses, dentists, hospital administrators, pharmacists, risk managers and lawyers.
“You have deftly humanized the great issues surrounding malpractice with a clarity and balance that is wonderful to read. Your revelation of the underlying principles of law, as well as specific mandates as applied to medicine, is so well set forth that the book will, I am sure, remain valuable even as the laws and practice change over time.”
Faith Fitzgerald, MD, MACP
Professor of Medicine
University of California-Davis
“This is an outstanding and authoritative book … cuts through the mystery and complexity of a subject that haunts many a physician and affects many a life. It is a must read for both doctors and lawyers.”
James H Pietsch, JD
Professor of Law, Adjunct Professor of Geriatric Medicine and Psychiatry
University of Hawaii
“Dr. Tan gives practical advice for reducing the risks of patient injuries and resulting litigation. This is a must-read for new as well as experienced physicians who want to stay out of harm's way.”
David Karp
Loss Prevention Consultant (former Malpractice Claims Manager)
“The value of this book will be to provide interested physicians a clear understanding of the issues of medical malpractice. It is extraordinarily well written. There is a minimum of jargon. I am unaware of such a comprehensive analysis being published elsewhere. Accordingly, the book should become a standard reference for physicians and medical libraries in dealing with medical malpractice.”
Irwin Schatz, MD, MACP
Professor of Medicine
John A Burns School of Medicine
“A wide ranging and well-written work which will be useful to any healthcare professional as well as attorneys. The 35 questions at the end are informative and cover a broad range of situations.”
L Richard Fried, Jr.
Attorney representing claimants with medical negligence claims
“Since Dr. Tan is both a physician and an attorney, and also devotes himself to the study of medical ethics, his work may finally get the right message across in language all of us can understand.”
Howard Brody
MD, PhD, University Distinguished Professor
Family Practice and Center for Ethics and Humanities, Michigan State University
“The book is well worth the price and should be mandatory reading for residents and very strongly recommended for physicians … This book's title accurately reflects its contents and Dr Tan's clear writing style is generally unambiguous and makes for easy reading … this book has so many excellent chapters as to make it very, very worthwhile reading.”
Journal of Neurosurgery