Advanced Medical Malpractice Cases and Professional Negligence

Background

Medical Malpractice and Professional-negligence can be explained with the help of an example. Suppose a doctor due to any reason does not examine the patient with care, and thus makes a wrong diagnosis with results in disastrous results for the patient, then in such a case, the patient can sue the doctor for professional-negligence, and the doctor would be charged to make good the loss suffered by the patient Professionals are legally bounded to exercise ‘reasonable skills and care’ when caring out their duties and when dealing with patients.

If they fail to this and their mistakes was one that eventually cost organizations money and even lives of people as a direct results of the mistakes, then they are liable for damages. Mostly medical negligence is considered when it comes to professional-negligence.

Although there are other types of negligence claims, medical negligence is the most complicated, and is also the most common form of professional-negligence. In cases of medical negligence, the case is decided basing on solid medical facts, as in most cases, full medical history of the claimant, and the record of medical treatment are available.

Benefits:

• Explore through interactive cases studies all aspects of professional negligence.
• Analyze the duties of care owed by profession to clients and third parties in both contracts
• Avoiding legal action: being sued.
• Consider methods of limiting liability.

Who Should Attend

• Hospital Managers
• Quality Assurance Managers
• Doctors
• Director Generals for Health
• Representative from Ministry of Health and Social Development
• Matrons
• Nurses
• Representatives from Department of Health (by provinces)
• Health Practitioners.

Key Highlights of the Event

• Know what level of supervision is expected of professionals.
• Understand when conduct will be considered to be negligence
• The standard insurance policy and what is/is not covered.
• Understand what liabilities of fitness for purpose entails.

AGENDA

Introduction

• Today and future trends impacting the health and legal professionals in the context of medical malpractice & professional negligence cases
• Understanding medical malpractice claim trends in 2017
• Analysis of positive and negative medical malpractice trends
• Mitigating medical malpractice cases- the role of alternative dispute resolution
• Alternative dispute resolution (ADR) refers to techniques used to resolve conflicts without going to the courtroom. As healthcare and malpractice costs continue to rise, there is growing interest in tactics such as mediation and arbitration in the medical arena.
• Understanding your options

THE NEGOTIATOR:

• Mediation skills for medical negligence and personal injury claims - for health care practitioners and their institutions discussing a case involving claimants who need curator and Interim, protection of funds, long terms care and/ or case management

SOLVING CASE AT OUR OWN LEVEL

• How to encourage parties to use mediation - what arguments to use, how to persuade and influence

Defending Medical Malpractice Lawsuits:

• How most malpractice cases are won or lost.
• Undertaking the representation of a medical professional or institution being sued for medical negligence presents the defence with a variety of interesting challenges. Almost all malpractice cases involve a serious, if not devastating or crippling injury, complication, or death.

Workshop discusses:

• Presenting an effective malpractice defence before authorities
• Critical steps in mounting an effective medical malpractice defence
• Considerations in creating a successful defence strategy
• Skills and resources needed to successfully defend medical malpractice claims
• Managing risks of being sued for medical malpractice

Defense of medical malpractice cases:

Case evaluation outline and guide.

In evaluating claims or lawsuits against medical care providers, multiple factors must be considered

• Preliminary motions
• Assessment of liability – standard of care
• Assessment of liability – causation
• Gathering expert witnesses
• Assessing damage