Connecticut Medical Malpractice Law

Transcription

1 Brochure More information from Connecticut Medical Malpractice Law Description: CONNECTICUT MEDICAL MALPRACTICE LAW is the "go-to" reference book for all Connecticut medical malpractice litigators, both the defense and plaintiff's bar. Carefully crafted, the authors have thoroughly covered this overdue subject. Three well-known Hartford area attorneys (from the firm of Danaher, Lagnese & Sacco, P.C.) combined to produce this treatise. Joyce Lagnese, Calum Anderson and Frank Santoro are long on experience and economic with prose. Reviewed by one of the leading plaintiff's attorneys in the state, James D. Bartolini, has said "This is Black Letter Law written with an eye toward helping the novice as well as seasoned malpractice attorney." Updated bi-annually, this treatise provides a balanced offering for use by both the plaintiff and the defense bar alike. Contents: Chapter 1 General Duty of Health Care Providers 1-1 Introduction 1-2 Duty in General 1-3 Standard of Care 1-4 Duty to NonPatients 1-5 Fiduciary Duty 1-5:1 Sexual Exploitation Cases 1-5:2 Burden of Proof 1-6 Recklessness 1-7 Vicarious Liability 1-7:1 Respondeat Superior 1-7:2 Borrowed Servant Doctrine 1-8 Contributory Negligence Chapter 2 Informed Consent 2-1 Introduction 2-2 Battery 2-3 The Nature of the Duty to Inform 2-3:1 Common Law 2-3:2 Statutory Law 2-4 The Lay Standard 2-5 Expert Testimony 2-6 Hospitals Duty 2-7 Causation 2-8 When Informed Consent is Not Required 2-8:1 Therapeutic Privilege 2-8:2 Incompetence, Disability or Infancy 2-8:3 Emergency Chapter 3 Actions Relating to the Creation or Sustaining of Life 3-1 Introduction 3-2 Wrongful Birth 3-3 Wrongful Life 3-4 Wrongful Living Chapter 4 Duty of Psychiatrist to Third Parties 4-1 Introduction 4-2 Duty to Identifiable Victim 4-3 No Independent Duty to Spouse 4-4 No Duty to Person Accused of Sexual Misconduct Chapter 5 Bystander Emotional Distress 5-1 Generally Recognized

2 5-2 In Medical Malpractice Cases Chapter 6 Hospital Liability 6-1 Introduction 6-2 Institutional Liability 6-2:1 Hospital-Acquired Infections 6-2:2 Negligent Credentialing 6-2:3 Responsibility To Accept Patients 6-3 Respondeat Superior 6-4 Apparent Authority Chapter 7 Medical Malpractice Versus Similar Claims 7-1 Actions Brought Under Contract Theory 7-2 Medical Malpractice v. Ordinary Negligence 7-2:1 Distinguishing Factors 7-2:2 Fact-Specific Application 7-3 Medical Malpractice v. Products Liability 7-3:1 The Learned Intermediary Doctrine 7-3:2 Blood Shield Statute Chapter 8 Causation 8-1 Causation Generally 8-2 Cause in Fact 8-3 Proximate Cause 8-3:1 Substantial Factor Test 8-3:2 Case-by-Case 8-3:2.1 Emotional Distress 8-3:2.2 Risks of Psychiatric Medication 8-3:2.3 Removal of Life Support 8-3:2.4 Statistical or Epidemiological Evidence 8-4 Concurrent/Consecutive Cause 8-5 Intervening/Superseding Cause 8-6 Subsequent Medical Treatment Chapter 9 Damages 9-1 Damages Generally 9-2 Compensatory Damages 9-2:1 Pain and Suffering 9-2:1.1 Physical 9-2:1.2 Mental 9-2:2 Loss of Consortium 9-2:2.1 Spousal Consortium 9-2:2.2 Parental Consortium 9-2:2.3 Filial Consortium 9-2:3 Loss of Chance and Increased Risk 9-2:3.1 Loss of Chance Increased Risk 9-3 Nominal Damages 9-4 Punitive Damages 9-5 Present Value 9-6 Mitigation of Damages 9-7 Collateral Sources 9-7:1 Legislation 9-7:2 Decisional Law 9-8 Additur and Remittitur 9-8:1 Remittitur Denied 9-8:2 Remittitur Granted Chapter 10 Expert Testimony 10-1 Expert Testimony Requirement 10-2 Exceptions to the Expert Testimony Requirement 10-3 Similar Health Care Provider 10-4 Res Ipsa Loquitur

3 10-5 Expert Witness Disclosure Requirements 10-6 Medical Literature 10-7 Scientific Evidence Porter Hearings 10-8 Scope of Cross Examination of Expert Chapter 11 Apportionment 11-1 Apportionment in Medical Malpractice 11-2 History of Apportionment 11-2:1 Tort Reform I 11-2:2 Tort Reform II 11-3 Practical Problems 11-3:1 Triggering Process 11-3:2 Notice Requirement 11-3:3 Expert Testimony 11-3:4 Situations Allowing Apportionment 11-3:5 Pre-Trial Settlements 11-3:6 Proportional Recovery Chapter 12 Statute of Limitations 12-1 Introduction 12-2 Medical Malpractice Not Resulting in Death 12-2:1 The Two-Year Limitations Period 12-2:2 The Three-Year Repose Period 12-3 Medical Malpractice Resulting in Wrongful Death 12-4 Tolling Doctrines 12-4:1 Continuing Treatment 12-4:2 Continuing Course of Conduct 12-4:3 Fraudulent Concealment 12-5 Breach of Contract Theory 12-6 Relation Back 12-6:1 Relation Back Applied 12-6:2 Relation Back Not Applied Chapter 13 Privileges and Immunities 13-1 Introduction 13-2 Privileges Belonging to Patients 13-2:1 Physician-Patient Privilege 13-2:2 Psychiatrist-Patient Privilege 13-2:3 Psychologist-Patient Privilege 13-3 Privileges Belonging to Health Care Providers 13-3:1 Peer-Review Privilege 13-3:2 Medical Studies Privilege 13-4 Immunities of Health Care Providers 13-4:1 Removal of Life Support Equipment 13-4:2 Reporting Child Abuse 13-4:3 Protection of Conscience Immunity 13-4:4 Service on Utilization Review Committee 13-4:5 Good Samaritan Immunity 13-4:6 Charitable Immunity 13-4:7 Peer-Review Immunity Chapter 14 Good Samaritan Law 14-1 The Good Samaritan Rule Generally 14-2 Partial Statutory Immunity 14-2:1 Elements Necessary to Obtain Immunity 14-2:1.1 Emergency First Aid 14-2:2 Voluntary and Gratuitous 14-2:3 No Immunity for Gross Negligence 14-2:4 Defining Gross, Willful or Wanton Negligence 14-3 Bystander Emotional Distress Claims Chapter 15 Actions Against the Government 15-1 Introduction

4 15-2 Federal Government 15-3 State Government 15-4 Municipal Government Chapter 16 Disclosure of Patient Information 16-1 Disclosure of Patient Information Generally 16-1:1 Duty to Maintain Patient Confidentiality 16-1:2 Two Types of Claims 16-1:3 Statutory Sources 16-1:3.1 Physician-Patient Information 16-1:3.2 Psychiatrist-Patient Information 16-1:3.3 Psychologist-Patient Information 16-1:4 Common Law Sources 16-2 HIPAA 16-2:1 Basic Definitions 16-2:2 Business Associate Agreements 16-2:3 Authorizations for Collecting Medical Records 16-2:4 Safeguarding Protected Health Information 16-2:5 Disclosing Information to Agents or Subcontractors 16-2:6 Patient s Rights 16-2:7 Impact on Litigation Process 16-2:7.1 Depositions, Discovery Requests and Subpoenas 16-2:7.1a Satisfactory Assurances 16-2:7.1b Qualified Protective Order 16-2:7.1c Covered Entity Exception 16-2:7.2 Preemption of State Law 16-2:8 No Private Cause of Action 16-2:9 Business Associate Liability Chapter 17 Evidentiary Issues 17-1 Introduction 17-2 Expert Testimony 17-3 Similar Health Care Provider 17-4 Medical Literature 17-5 Daubert/Porter Issues 17-6 The Dead Man s Statute 17-7 Informed Consent Issues 17-7:1 Expert Testimony in Informed Consent Cases 17-7:2 The Admissibility of "What I Would Have Done" Evidence 17-8 Statements of Condolence 17-9 Insurance Related Evidence Closing Argument Day in the Life Film Spoliation of Evidence Testimony of Economists Failure to Bill and Advance Payments Cumulative Testimony Chapter 18 Areas of Special Statutory Regulation 18-1 Introduction 18-2 Certificate of Good Faith 18-3 Offers of Compromise 18-3:1 Offers of Compromise by Plaintiff 18-3:2 Offers of Compromise by Defendant 18-4 Attorneys Fees 18-4:1 Defendant s Attorneys Fees 18-4:2 Plaintiff s Attorneys Fees 18-5 Malpractice Screening Panel 18-6 Patients Bill of Rights 18-6:1 Nursing Home Facilities and Chronic Disease Hospitals 18-6:2 Psychiatric Treatment Facilities 18-7 Workers Compensation Liens 18-8 Connecticut Unfair Trade Practices Act

5 18-8:1 CUTPA Claims Not Recognized 18-8:2 CUTPA Claims Recognized 18-9 National Practitioner Data Bank 18-9:1 Overview of the Health Care Quality Improvement Act of :2 Reporting Medical Malpractice Payments 18-9:3 Reporting Licensure Actions Taken By Boards of Medical Examiners 18-9:4 Reporting Adverse Actions On Clinical Privileges 18-9:5 Hospitals Are Required to Request Information From the NPDB Taxation of Costs Regulation of Conflicts Between Religion and Medicine 18-11:1 Physician s Freedom of Conscience Generally 18-11:2 Engaging in Practices Because of Religious Beliefs 18-11:3 Engaging in Practices Despite Religious Beliefs Complex Litigation Docket The Legislative Process Generally Chapter 19 Insurance Issues 19-1 The Role of Medical Professional Liability Insurance 19-2 Types of Medical Liability Insurance Carriers 19-2:1 Commercial Insurance Carriers 19-2:1.1 Admitted Lines Carriers 19-2:1.2 Excess and Surplus Lines Markets 19-2:2 Captives and Risk Retention Groups 19-2:2.1 Risk Retention Groups 19-2:2.2 Captive Insurance Carriers 19-3 Policy Terms and Endorsements 19-3:1 Limits of Liability 19-3:1.1 Per-Claim Aggregate Limit 19-3:1.2 Defense Costs Inside/Outside the Limits 19-4 Consent to Settle Clause 19-4:1 Consent to Settle: Insurer 19-4:2 Consent to Settle: Physician 19-4:3 Hammer Clause 19-5 Admissibility of Evidence of Insurance 19-6 Insurance Coverage Issues 19-6:1 Duty to Defend 19-6:2 Covered Claim 19-6:3 Bad Faith Claims Chapter 20 Administrative Regulation of Health Care Providers 20-1 The Department of Health Services 20-2 The Connecticut Medical Examining Board 20-3 Requirements to Obtain License 20-4 Requirements for Internship, Residency and Clinical Clerkship Programs 20-5 Restriction, Suspension or Revocation of License 20-5:1 Grounds 20-5:2 Administrative Procedure for Discipline 20-5:2.1 Complaint 20-5:2.2 Investigation by the Commissioner 20-5:2.3 Hearings 20-5:2.4 Appeal 20-5:3 Commencement of Disciplinary Action Table of Statutes and Regulations Table of Secondary Authority Table of Cases Index

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