Book Texas Medical Malpractice Defense

Book

Textbook

Texas Medical Malpractice Defense is intended as a practical guide for risk managers, general counsel, insurance adjusters and healthcare providers wanting to familiarize themselves with the defense of a healthcare claim in Texas. The book reviews every step of litigation, from evaluating the initial incident, developing the defense and assessing exposure, through trial and post-trial motions. Each of the 72 focused chapters contains a summary of statutory law, key cases, and practical pointers. Please contact us for a copy of the book.

Table of contents

I. PRE-SUIT

  • Adverse Events and Incident Reports
  • Investigation and Peer Review
  • Reporting
  • Pre-Suit Resolution
  • Notice of Claim
  • Medical Authorizations and Obtaining Records
  • Pre-Suit Depositions

II. TYPES OF CLAIMS

  • Health Care Liability Claim – Definition and Elements
  • Health Care Provider – Patient Relationship
  • Health Care Negligence and Other Liability Theories
  • Informed Consent Claims
  • Vicarious Liability
  • Emergency Medical Care and EMTALA
  • Wrongful Death and Survival Actions
  • Causation
  • Non-Health Care Negligence Claims
  • Gross Negligence
  • Damages Introduction
    • Medical Expenses
    • Loss of Earning Capacity
    • Loss of Household Services
    • Funeral/Burial Expenses
    • Non-Economic Damages
    • Loss of Consortium
    • Exemplary Damages
    • Prejudgment and Postjudgment Interest
  • Damages Limitations on Recovery

III. ANSWERING A SUIT

  • Statutes of Limitations
  • Court System Structure
  • Plaintiff’s Petition and Service
  • Venue
  • Personal Jurisdiction
  • Misnomer and Misidentification of Defendant
  • Answer – General Denials
  • Affirmative Defenses
  • Jury Demand
  • Amending the Petition or Answer
  • Special Exceptions

IV. INITIAL DEVELOPMENT (FIRST 120 DAYS)

  • Initial Meeting with Defendant
  • Coverage Issues
  • Obtaining Records From Authorizations
  • Selecting Defense Experts

V. PLAINTIFFS CHAPTER 74 EXPERT OBLIGATIONS

  • Expert Report Requirements
  • Objecting to Plaintiff’s Expert Reports
  • Amending a Statutory Expert Report

VI. DISCOVERY

  • Types of Discovery – Overview
  • Discovery Control Plan
  • Rule 11 Agreements
  • Spoliation of Evidence

VII. WRITTEN DISCOVERY

  • Requests for Disclosure
  • Requests for Admission
  • Interrogatories
  • Requests for Production
  • Obtaining Additional Records and Proving Up Records

VIII. DEPOSITIONS, IME’S, AND SUBPOENAS

  • Plaintiff Depositions
  • Defendant Depositions
  • Fact Witness Depositions
  • Independent Medical Examinations
  • Investigators
  • Plaintiff Expert Depositions
  • Defendant Expert Depositions
  • Objections to Experts (Daubert/Robinson)

IX. CASE EVALUATION

X. PRETRIAL RESOLUTION

  • Motions for Summary Judgment
  • Settlement Demands, Stowers and Response
  • Mediation
  • Ancillary Settlement Issues
  • Guardians Ad Litem
  • Reporting Settlements

XI. TRIAL

  • Trial Preparation
  • Trial in General
  • Pretrial Matters and Motions
  • Voir Dire
  • Plaintiff’s Case
  • Defendant’s Case
  • Jury Charge
  • Verdict

XII. POST – TRIAL

  • Judgment
  • Post-Trial Motions
  • Appeals

APPENDIX – Legal citations and abbreviations for titles, paragraphs & more.