The most important idea book you will ever own.


Easy reading. Ideas on every page.

The Medical Malpractice Thoughtbook helps you :                    
Evaluate and prepare medical malpractice cases better
Develop insight into the process
Know what, how and why medical records written

Also see
The Primer on Soft Tissue Injuries.                       Click items for more, or Go to Home Page

Was it medical malpractice?
How do you prove damages?
Experts?
How do you prove soft tissue injuries?
These books will help you.

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TABLE OF CONTENTS

SECTION I
     ABOUT THE AUTHOR
     ABOUT THE CONTRIBUTORS
     AUTHOR'S PREFACE
     DO THE RIGHT THING
     INTRODUCTION
     MEDICINE, LAW, GOVERNMENT - INTERACTING
          The "Medical Malpractice Crisis"
          Sources of "The Law"
          The Law of "Torts"
          Elements of a "Tort"
          The Standard of Care
          Other Bases for Suit Against Health Care Providers
          Contract
          Office for Damage Control
          Conclusion
     PROFESSIONAL DUTY TO THE PATIENT
          Standard of Care - "Best Judgment Rule"
          Possession of Knowledge
          Application of Knowledge
          Local or Community Standard
          National Standard
          Institutional Standards of Care
          Treatment Contract
     HOW MUCH MALPRACTICE IS THERE ?
     MEDICAL INJURIES
     LAW AND PRECEDENT
SECTION II
     PHYSICIAN NEGLIGENCE -- OVERVIEW
     HOSPITAL NEGLIGENCE -- AN OVERVIEW
     A NURSING PERSPECTIVE
          Nursing Care and Treatment
          Communication
          Documentation
          Conclusion
     HOSPITAL RESPONSIBILITY
     HOSPITAL DUTIES AND DIRECT LIABILITY
          Duties and Causes of Action
     SELECTED MALPRACTICE CASES
     STAFF PRIVILEGES AND DUE PROCESS
     AGENCY AND THE INDEPENDENT CONTRACTOR
SECTION III
     STANDARD OF CARE
          The Specialist
     ACCEPTABLE STANDARD OF CARE
     PRE-INCIDENT REPORT
     POTENTIAL PROBLEMS
SECTION IV
     THE MEDICAL RECORD IS A LEGAL DOCUMENT
     HORIZONTAL REVIEW OF MEDICAL RECORDS
          Hospital Records
          "Records" That Do Not Appear in the Hospital Chart
     SPECIFIC FORMS
          Front Sheet
          General Consent
          Emergency Room Report
          Discharge Summary
          History and Physical Examination
          Orders
          Progress Notes
          Consultation Reports
          Operative Consent
          Preoperative Evaluations
          Operative Report
          Anesthesia Sheet
          Postoperative Evaluations
          Pathology Report
          Blood Transfusion Sheet
          Nurses' Notes
          Therapy Reports
          Report of Laboratories
          Medication Sheets
          Clinical Graphics
          Autopsy Reports
          Other Hospital Records
          Lab Requests and X-Rays
          Operating Room Log
          Nurses' (Rounds) Notes
     EXAMPLE OF A HORIZONTAL REVIEW
          Patient:  N.E. Glect
     ACCEPTABLE CARE SUMMARY
SECTION V
     QUALITY ASSURANCE
     PRELIMINARY SURVEY
          Ask of intensive care nurses
          Ask of coronary care nurses
          Ask of postoperative surgical care nurses
          Ask of obstetric labor room nurses
     IMPLEMENTATION
     HOSPITAL'S INCREASING ROLE
          Hospitals Can Insure and Manage
     INSURANCE COMPANY CLAIM EVALUATION
          Introduction
          Liability
          Damages
          The Liability - Damages Relationship
          Other Factors Affecting the Evaluation
          Value
          Conclusion
     PREVENTION PROGRAMS
     DAMAGE CONTROL FOR PATIENTS
SECTION VI
     PLANNING AND DISCOVERY
     SAMPLE DISCOVERY OF DEFENDANT
          Qualification of the Witness
          The Facts
          The First Visit
     INITIAL PLEADINGS IN MALPRACTICE CASES
          Medical Malpractice Complaints
     PRE-TESTIMONY CONFERENCE
     DEPOSITION QUESTIONS
     OPENING STATEMENT
          "Do's"  for Opening
          "Dont's  for Opening
          Key Words and Phrases for Opening
     DAMAGES
          Grading of Pain as a Subjective Symptom
          Behavior Patterns.
          Three Questions
     CAUSATION
          Competent Word Connectors
          Medical and Legal Causation
     CLOSING
          Summary Ideas
SECTION VII
     THE COMMON CAUSES OF MEDICAL NEGLIGENCE
          General
          Abandonment
          Acute Respiratory Failure
          Anesthesia  --  Who?
          Anesthesia Agents / Equipment Used
          Anesthetic Intubation
          Anesthesia Considerations  --  Other
          Appendicitis
          Blood Transfusion
          Cancer
               Cancer of the Breast
               Cancer of the Cervix
          Cardiac and Peripheral Vascular Surgery
          Cardiac Arrest
          Cardiac Catheterization
          Cardiogenic Shock
          CCU Standards
          Chest Surgery
          Congestive Heart Failure With Pulmonary Edema
          Danger From Life Saving Drugs
          Delay in Diagnosis and/or Treatment
          Diagnosis / Misdiagnosis Standards
          Diabetes
          Drug Reactions
          EKG Tracing
          Endoscopic Biopsy
          Emergency Room
          Failure to Test
          Fetal Heart Monitoring
          Gynecologic Surgery
               Gynecology  --  Hysterectomy
               Gynecology  --  Laparoscopy
               Gynecology  --  Sterilization
               Gynecology  --  Wrongful Birth
          Improper History
          Improper Physical Examination
          Intracranial Pressure
          Joint and Several Liability
          Mechanical Ventilation
          Meningitis
          Monitoring
          Multiple Traumas
          Myocardial Infarction
          Myocardial Ischemia, Injury or Death
          Neurosurgery
               Neurosurgery  --  Intracranial Bleeding
               Neurosurgery  --  Laminectomy
               Neurosurgery  --  Spinal Cord Injury
               Neurosurgery  --  The "Neuro Check Sheet"
          Nursing Practice
          Obstetric
          Orthopedics
               Orthopedic  --  Examination
               Orthopedic  --   X Rays
               Orthopedic  --  Tight Cast
               Orthopedic  --  Non-Union and Osteomyelitis
               Orthopedic  --  Total Joint Replacement
          Pelvic Inflammatory Disease
          Phlebitis
          Postoperative Care
          Preoperative Evaluation
          Pulmonary Embolism
          Res Ipsa Loquitur
          Ruptured Spleen
          Shock
          Slips and Falls
          Surgical
          Surgical Technique
               Surgery  --  Inadvertent Acts
               Surgery  --  Wrong Patient / Wrong Side
               Surgery  --  Foreign Objects Left In
               Surgery  --  Obesity
               Surgery  --  Equipment Used
               Surgery  --  Unnecessary
          Tracheostomy  
          Transient Ischemic Attack  (TIA)
          Warranty
SECTION VIII
     INFECTION
          Considering Liability
          Physician Responsibilities
          Nurse Responsibilities
          Dentist Responsibilities
          Manufacturer Responsibilities
               Establishing Negligence
          In Labor 
          Proximate Cause
     INFORMED CONSENT
          The Canterbury Rule
          More On Informed Consent
          Expectation Outline of Informed Consent Cases
          The History
          The Examination in General
          The System Examination
          The Neuromuscular Exam
          The Cranial Nerves
          Motion Measurement
SECTION IX
     ONE WEEK PROGRAM
          Medical Malpractice:  An Overview
          Medical Malpractice Defenses
          Medical Records:  Incrimination or Protection
          Preparing To Be an Expert Witness
          Medicolegal Issues in Selected Specialties
          Anatomy of a Malpractice Lawsuit
          Medicine and The Law
          The Right to Treatment and to Refuse Treatment
          Confidentiality  -  Privilege and Privacy
          Hospital Liability
          Consent Issues in Medicine
     SAMPLE CLOSING
     TRICKS, TIPS, TECHNIQUES AND TRAPS
SECTION X
     GLOSSARY
          Prefixes
          Roots
          Suffixes
          Abbreviations
     GENERAL TERMS
     MEDI-LEGAL WORDS
SECTION XI
     CASE LAW
          Negligence
          Obvious Negligence Cases
          Contributory Negligence
          Liability
          How Much Skill Is Required
          Skill and Diligence Needed
          Cases on Diagnosis
          Infection Cases
          Consent and Need to Disclose Cases
          Amount of Evidence Needed
          Amount of Surgical Evidence Needed
          Sponges Left In Cases
          Anesthesia Cases
          Errors in Judgment
          Cases Involving Nurses
          Abandonment
          Statute of Limitations
          Are Experts Needed Cases
          Damages
     CONSTITUTIONALITY
     TABLE OF AUTHORITIES 

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Dr. Rein's Background
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Seminar, Radio and TV Experience
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