A Research Guide to Medical Malpractice and the Law

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A Research Guide to MedicalMalpractice and the LawSheryl Summers Kramer BS, MSLS, JD a b ca Law at Chapman University School of Lawb Wayne State Universityc Detroit College of LawPublished online: 20 Oct 2008.

To cite this article: Sheryl Summers Kramer BS, MSLS, JD (1997) A Research Guide toMedical Malpractice and the Law, Legal Reference Services Quarterly, 16:1, 31-68,DOI: 10.1300/J113v16n01_03

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A Research Guide to Medical Malpractice and the Law

Sheryl Summers Kramer

TABLE OF CONTENTS

I . PRINT RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 A . Dictionaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 B . . . . . . . . . . . . . . . . . . . . . . . . . . . SpeciaIized Works 35

1 . Cardiology . . . . . . . . . . . . . . . . . . . . . . . . . . 35 2 . Case Preparatioflrocedural . . . . . . . . . . . . 36 3 . Dental . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 4 . Emergency Medicine . . . . . . . . . . . . . . . . . . 43 5 . Internal Medicine . . . . . . . . . . . . . . . . . . . . . . 44 6 . Obstetrics and Gynecoiogy

NeonataVBirth Trauma . . . . . . . . . . . . . . . 45 7 . Ophthalmology 46 8 . Orthopedic . . . . . . . . . . . . . . . . . . . . . . . . . . 46 9 . Pharmacy . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 10 . Plastic Surgery . . . . . . . . . . . . . . . . . . . . . . . 46 1 1 . Psychiatry ........................... 47 12 . Radiology . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 13 . Surgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 14 . Toxicology . . . . . . . . . . . . . . . . . . . . . . . . . . 48 15 . Urology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

. . . . . . . . . . . . . . . . . . . . . . .

16 . General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 17 . Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . 55

Sheryl Summers Kramer is the Library Director and Associate Professor of Law at Chapman University School of Law . She received her 5s and MSLS from Wayne State University. and JD from The Detroit College o f Law .

Legal Reference Services Quarterly. Vol . 16( 1 ) I997 0 1997 by The Haworth Press. Inc . All rights reserved . 31

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C. History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 D. Risk Management and

CertificatiodAccreditation . . . . . . . . . . . . . . . . . . . 56 E. VerdictdSettlements

andDarnages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

G. Digests.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 H. Citators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 1. Journals and Newsletters ..................... 59 J. Expert Witnesses ........................... 62 K. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 L . CaseLaw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

F. TopicalMaterials.. ......................... 57

11. VIDEO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

111. ONLINE RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . 65 A. CALR Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . 65 B. Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68

ABSTRACT. This pathfinder is designed to assist the attorney and legal researcher in preparing for medical malpractice litigation. The focus is to provide the negligence lawyer with a wealth of resources on trial aspects and litigation of a medical negligence case. Incorpo- rated into this work is print, video, computer assisted legal research, and lnlernet resources. [Adele copies uvuilable for u fee fmm The Hawot-orrh Document Delivety Service: 1-800-342-9678. E-mail address: getir$o@ho worth.comJ

INTRODUCTION

Medical issues are intertwined within the makeup of the law and affect all of society today. Lawyers dealing with medical malpractice from both the plaintiff’s and defendant’s perspective need to know the issues facing doctors, and the legal snares involved within medical negligence. In today’s cases, the attorney must prove that the doctors’ skitls have fallen below the acceptable standard of care as defined by their own medical profession. As the breakdown between the doctor and the patient occurs, many considerations

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Sheryl Summers Kramer 33

come into play. Insurance companies continue to skyrocket malpractice insurance premiums, which influence physicians to practice medicine in a defensive manner in order to prevent being sued. As the interface between medicine and the law continues to grow stronger, we will continue to see more major lawsuits such as the products liability cases involving breast implants and many more medical negligence cases.

Attorneys working exclusively with malpractice must educate themselves about the world of medicine. There has been an explo- sion of physicians who have entered into the commitment of a legal education. The dual expertise that these professionals receive from their medical and legal training helps them to understand and clarify the evolving issues of medicine and the law. This trend has been reflected widely in medical-legal literature, Many resources have surfaced in legal publishing in recognition

of the lawyer’s need to understand medicine, its processes, procedures and the malpractice issues that exist within the law. This guide’s intent is to provide numerous resources for the malpractice attorney or legal researcher.

1. PRINT RESOURCES

The f m t step to understanding medicine is to familiarize yourself witb the language and terminology. Many resources are available to aid the attorney.

A. Dictionaries

The Sloane-Doorland Annotated Medical-Legal Dictionary ( 1987). This dictionary gives a straightforward medical definition. Terms

are explained by showing how a process works and the use of the terms in context. Examples extracted from court opinions, briefs, and medical testimony of other witnesses in various specialties are used throughout the definitions. It includes bibliographic notes tak- en from cases that cite authoritative treatises, articles from medical journals, and government studies. Under the heading “care, standard of,” are excerpts of decisions that have established the stan-

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dard of care for many specialties within medicine. Also under the heading “informed consent” there are many definitions, since this varies so widely among states. This work was last supplemented in 1992. The supplement includes more extensive treatment of the shndard of care and informed consent issues within each definition.

Stedrnan’s Medical Dictionary Unabridged Lawyers’ Edition (5th ed., 1982).

An illustrated dictionary giving short explanatory definitions. There is an entire segment at the beginning of the work called the “Lawyer’s Section.” In this section the interface between law and medicine is discussed briefly, as well as medical specialization. Also, a listing of standard abbreviations of medical terms used in medical records is in this section. The “Lawyer’s Section” includes a chapter “Medicine for the Lawyer’s Point of View,” which has explanatory sections dealing with the central nervous system, the skeletal system, the muscular system, mental illness, epilepsy, the introduction of hospital records as evidence, frequently recurring forensic problems, and risk management. It also includes codes and model statutes that affect the medical profession.

Am Jur Proof of Facts Medical Dictionarynaber’s Cyclopedic Medical Diclionany (16th ed., 1989).

A tool which functions as a dictionary and explanatory guide. It includes over 200 illustrations and tables within the body of the dictionary. Many appendices are included in the back, such as a list of phobias, medical prefixes and suffixes, medical abbreviations, muscles-what they do and where they originate and are connected, and composition of foods. This work also incorporates concepts from the related fields of Nursing and Allied Health.

Schmidt’s Attorney’s Dictionary of Medicine and Word Finder ( 1 962).

A multivolume loose-leaf set. The work functions a s a dictionary and an encyclopedia for lawyers so that they can understand concepts in nontechnical terms. Illustrated explanations at the end of each letter of the alphabet are a strong feature of this publication. Also included is a guide to common terms used in the interpretation of medical records and the meanings of prefixes and suffixes used

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Shetyl Summers Kramer 35

in medical terminology. Since this set is updated regularly, i t i s an excellent source to get the most recent medical illustrations and terminology.

Dictionary of Medical and Health Acronyms ( I99 I ), Regarded to be quite useful in providing the user with a compre-

hensive listing of medical acronyms, initialisms, and abbreviations used in the medical and health fields. Wynwood Press, of Tany- town, New York publishes this unique work. As an attorney re- searches medical issues, he/she may run across many unfamiliar abbreviation or symbols. This tool will f i l l the gap.

Dictionary of Medical Terms for the Nonmedical Person (3rd ed.,

Mike1 A. Rothenberg and Charles F. Chapman, leaders in medical legal literature, wrote this dictionary for Barron’s Education Series, for the novice with little understanding of medicine. This dictionary is pocket-size and is an excellent tool for the attorney to put in hisher briefcase for a quick look. Some illustrations are included.

1994).

B. Specialized Works

The medical and legal professions might have continued to exist as separate entities but for the growth of medical malpractice. In preparation of a medical malpractice claim, an attorney must learn the in’s and out’s of that particular area of medicine. As widespread as the specialties of medicine are, so is the literature.

1. Cardiology

James B. Rosenblum and. Charles L. Curry, Medical Malpractice Handling Cardiology and Cardiovascular Surgery Cases ( 1991).

The authors of this work discuss common health problems that occur in this area of medicine. An attorney needs to know what pitfalls exist in litigating a cardiology claim. This book is well suited to that need. The purpose of this book is twofold: it addresses the litigation process, and describes this area of medicine in terns that the attorney can understand. This is one of a kind in the medical malpractice literature.

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36 LEGAL REFERENCE SERYlCES QUARTERLY

2. Case Prepa ra t ion/Procedurul

Lee S. Goldsmith, Medical Malpractice Guide to Medical Issues ( 1990).

Background preparation can make or break a malpractice case. This seven-volume loose-leaf work guide both the plaintiff and defense attorney through the technical and procedural aspects of a malpractice case. Current standards of care are the focus within most litigation. This is the major theme of this work. Introductory chapters deal with major areas of medicine and comprise a major portion of this set. Some of the areas covered are: emergency medicine, anesthesiology, surgery, orthopedics, neurology and neurosurgery, obstetrics and gynecology, neonatology and plastic surgery. Case examples are used within the chapters for a better understanding.

Kevin R. Culhane, Model Interrogatories: Personal Injury (1987). Chapter nine of this one-volume loose-leaf work is devoted ex-

clusively to medical malpractice. Short explanatory paragraphs follow the specific questions included in the interrogatories. Interroga- tories cover the education and licensure of the defendant, alleged errors and omissions, causation, affirmative defenses and denials, and much more.

Stanley E. Preiser et al., Preparing and Winning Medical Negligence Cases ( 1989).

A unique three-volume treatise covering a variety of subjects. The first volume addresses the legal aspects of a negligence action. Its coverage is extensive in that it begins with the determination of whether to take a malpractice case, and continues through the litigation process to the completion of the case. The authors include a unique feature that suggests techniques to deal with initial client interviews, pretrial preparation, expert witnesses, and trial techniques. Some sample forms are included. I like this work because of its comprehensive treatment of the litigation process. It would be an excellent work to refer to when first researching or litigating in this area of law.

Medical Malpractice: Law, Theory and Practice for Attorneys, Phy- sicians and Risk Managers (American Bar Association), March 18-20, 1987.

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This ABA program covers a multitude of areas dealing with the medical malpractice litigation process. Members address pleadings and pretrial motions and how to gain the litigation advantage from both the plaintiff and defense perspective. It is also informative in locating, selecting, and handling expert witness, and voir dire. In addition, programs were presented on considerations in preparing and taking depositions, cross examination of experts, jury selection, effective utilization of written interrogatories, settlement structure, risk management and the liability of health care professionals. This resource is excellent because the information is provided by experts in their fields.

Medical Malpractice: Law, Theory and Practice for Attorneys, Phy- sicians and Risk Managers (American Bar Association), February

This ABA program highlights many of the same issues addressed in the March program listed above. Some additional areas covered were: liability aspects of utilization review, hospital corporate liability and institutional negligence, understanding and obtaining medical records, peer review activities, demonstrative evidence, and closing argument techniques. These procedural aspects of litigation are addressed specifically for medical malpractice litigation. Steven E. North, Fundamentals of Medical Malpractice Litigation, (PLI Litig. & Admin. Practice Course Handbook Series No. 435, 1992).

A handbook which goes into the nitty-gritty, step-by-step processes of litigating a malpractice claim. The major focus is contin- gent fee agreement for attorneys, including examples of retainer forms and agreements, notices of motions, affirmations, affidavits, calendaring of motions, summons, mandatory filings, uniform rules and disclosure tactics.

18-20, 1987.

Steven E. North, Handling Your First Medical Malpractice Case: Fundamentals of Case Management, (PLI Litig. & Adrnin. Practice Course Handbook Series No. 42 1, 1991).

Several areas of malpractice are covered by this handbook: The fundamentals of management of the plaintiffs case, case management and discovery from the defense perspective, thirty mistakes novices make when handling their fvst medical malpractice cases, and an overview of medical aspects including client intake, obtain-

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ing records for review, medical experts, subsequent treating physician interviews, witness interviews, research and case assessment. This is a wonderfully informative book for the novice medical malpractice attorney.

Steven E. North, The Management and Trial of a Medical Malprac- tice Case, (PLI Litig. & Admin. Practice Course Handbook Series No. 396, 1990).

This handbook concentrates on trial aspects. Conference partici- pants discuss major recent decisions about damages, discovery techniques, and defenses, General trial considerations are included encompassing preparation for trial, case management from investigation to trial for the plaintiff and defendant, and the use of demonstrative evidence in the management and trial of a medical malpractice case. This would be useful for the attorney who regularly does trial work and wants a quick overview.

Stanley McQuade, Medical Information Systems for Lawyers, (2nd ed., 1993).

Set forth as a practice book to assist in understanding and preparing a medical case prior to the formal litigation process. Included in this set are reviews of medical literature, and detailed illustrations as well as textual discussions. Chapters 1-3 are devoted to medical records and how to present and analyze medical data. Chapters 4-1 1 are devoted to areas of medicine that are predominant for personal injury attorneys: The central nervous system and those bodily functions controlled by the brain and spinal cord, psychological disorders, injuries to the musculoskeletal system, cardiovascular disorders and disabilities, lung disabilities, eye injuries and blindness, deafness, and damage to the skin. A glossary of terms is included at the end of the work for a better understanding of medical-legal terminology. This is an excellent source to begin learning how to prepare a medical malpractice case.

Richard E. Shandell and Patricia Smith, The Preparation and Trial of Medical Malpractice Cases (1990).

One of the great features of this loose-leaf service is the extensive checklists it provides for use throughout ?he litigation process. The step-by-step method used guides the attorney through a malpractice

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case from the beginning client interview to the trial process and settlement. This would be an excellent tool for an attorney on a limited budget who wants an overview of the malpractice process.

Dan J. Tennenhouse, Attorney’s Medical Deskbook (3rd ed., 1993). Dan TeMenhouse is an attorney and physician. The primary

focus of the Attorney’s Medical Deskbook is to provide a better understanding of medical records and how to utilize them, medical literature, and medical expert witnesses for case evaluation and preparation. The strong point of this set is that it gives the attorneys a solid understanding of medical records so that they are better equipped to use them during settlement negotiations, client rela- tions, and legal proceedings. Chapters include information about taking medical histories, diagnostic tests, and understanding medical abbreviations, records and books.

Wanda L. Hurr, Attorney’s Guide to Medical Records ( 1 992). The author of this work draws upon her experience as both an

attorney and a nurse. Understanding and analyzing medical records can easily faciiitate the evaluation of liability. Seven major areas are dealt with in great detail. The makeup of this work consists of explanatory information about obtaining client records; the hospital record itself; record evaluation; confidentiality and privacy of health care records; lost, shredded and falsified records; discovery of medical records and using medical records at trial. This work takes the difficulty out of understanding medical terminology and records. I would highly recommend this work for the attorney new to malpractice claims.

Danner, Douglas et al., Medical Malpractice: Checklists and Dis- covery ( I 994).

This three-volume “how to” loose-leaf is written with the lawyer, the doctor’s lawyer, and the insurance professional in mind. This work consists of six major parts. The first section titled “Medi- cal Malpractice” discusses the unique aspects of malpractice cases along with the applicable legal doctrines, issues raised in the early stages of preparation of a new case with a plaintiff or defendant, and the initial investigation and evaluation. The second part deals exclusively with the discovery process incIuding the function of discov-

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ery and the tactics for using various mechanisms of discovery. This includes many sample interrogatories and forms usefbl during the preliminary stages of the trial. The third section addresses the function of expens and other witnesses including their role at Gal. The next section is titled “Trial,” where numerous aspects of trial are addressed from negotiations to post-trial action. This section com- prises the largest portion of this title including chapters on negotiation and settlement tactics; general trial preparation; trial and pretrial motions; jury instructions and selection; opening and closing statements; evidence; and an exhaustive amount of the same interrogatories in over 37 categories from plaintiff to defendant, defendant to plaintiff. Last are deposition checklists. Some of the checklists are generalized and some subject specific. One good feature of this book is the reference throughout to the Lawyer’s Co-operative Total Client Service Library which includes other ALR publications and annotations. Due to its unique nature and the numerous examples of interrogatories, I highly recommend this work to the medical malpractice attorney, plaintiff or defendant.

Thomas A. Moor and Daniel Kramer, Medical Malpractice: Discov- ery and Trial ( 1990).

This treatise takes a step-by-step approach through the discovery processes and subsequent trial. It starts with the elements of malpractice and addresses the liability and vicarious liability of physicians. Vicarious liability of the hospital is also discussed. As the title states, the focus of this book is discovery and trial techniques specific to medical malpractice. The authors effectively explain the investigation and discovery process. They also address expert testimony, damage, and the step-by-step aspects of taking a case to court. An excellent feature of this title are the four appendices covering sample opening statements, and sample cross examinations of defendants, experts, and defendant experts. Comments from the authors concerning the examinations are included throughout the samples. This is an excellent way to learn how the process works with the use of numerous examples.

David W. Louise11 and Harold Williams, Medical Malpractice (1994).

The Matthew Bender set is a “how to” manual for lawyers and

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judges dealing with the administration of medical malpractice claims. Chapters range from the problems of medical malpractice in today’s society, to the theories of liability, including hospital liability, to different types of malpractice (dental, podiatric, etc.), to malpractice and aids for discovery techniques.

Marshall Houts and Leonard Marmor, Proving Medical Diagnosis and Prognosis (1 970).

This multivolume loose-leaf focuses on the diagnostic process. One author is a physician and the other an attorney. This set provides diagnostic tests and maneuvers, and addresses their possibili- ties and limitations, their strong points and weaknesses. The areas covered are those common to a personal injury practice such as low back pain. It also gives detailed explanations prior to going into the specific test. This is an excellent tool for the attorney to learn more about the complexities of the diagnostic process.

Marc J. Bern and Steven E. North, Discovery in Medical Malprac- tice, Products Liability, and Personal Injury Cases, (PLI Litig. & Admin. Practice Course Handbook Series No. 28 I , 1985).

An overview of tort liability and the discovery processes are at the core of this handbook. Part of this book goes through the steps of discovery required for malpractice litigation from the plaintiff’s perspective. There is also a section on depositions specific to malpractice, This source includes discussions of examinations by the defense’s and plaintiff’s counsel. This work provides a good overview of information, but for more detailed information, it would be suitable to consult a more comprehensive resource.

Marshall Houts, Lawyer’s Guide to Medical Proof ( 1994). A five-volume loose-leaf, published by Matthew Bender. The

central theme is to instruct the attorney on how to use the medical process as a tool in the courtroom. Its first chapter starts with “How the Lawyer Must Look at Medicine: A Basic Orientation,” and continues to explain the diagnostic process. The set deals with selected areas of medicine, including neurological implications involved in injuries, the medical lab and testing, diagnostic imaging, electro- diagnosis, psychologicaI testing and the physical mechanisms of trauma. The remaining portions of the treatise deal with the litiga-

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tion process, including pretrial activities, alternative dispute resolution, worker’s compensation, opening and closing statements, question-answer techniques, impeachment and much more. It also has a chapter exclusively devoted t o converting medical tools into courtroom tools. This work gives a thorough explanation of trial techniques and is suited for use by the trial attorney.

3. Dental

Norman L. Schafler, Medical Malpractice Handling Dental Cases, (2nd ed., 1991).

Here is an excellent resource on dental malpractice and how to recognize it. This work deals with the regulation of the dental profession, the evaluation of a case, the drafting of pleadings, discovery, settlement, standard of care, and the use of expert witnesses.

A. Clark Cone and Michael J. McHale (eds.), Litigating TMJ Cases (1993).

A practice-oriented guide which incorporates information from many experts in the field. TMJ is often considered a misnomer because it falls within the realm of medicine and dentistry. This book is divided into three sections. The first section is case analysis and preparation which involves evaluation of temporal mandibular joint injuries, selection of experts, handling client and expert depositions and much more. The second portion of this work deals with trial preparation. This includes opening statements, summations, and preparing witnesses for trial. Last is the case digest section where appellate court decisions are listed with settlements, and an abstract of the facts of the case. This title is supplemented annu- ally. There are very few works in this area of malpractice. The key to this title is that it looks at the legal bases for a TMJ action from the beginning to the end.

Reda A. Abdel-Fattah, Evaluating TMJ Injuries (1992). Geared toward educating attorneys in this specific area of anato-

my. lllustrations are used widely in defining the anatomy, physiology, and mechanisms of a TMJ injury. One of the excellent features of this title is that it demonstrates to the attorney how to rate impair- ment from a TMJ injury and determine the appropriate amount of

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Shevl Summers Kromer 43

damages in correlation with the degree of injury. This is a good starting tool to familiarize yourself with this very distinctive area of anatomy.

4. Emergency Medicine

Raymond M. Fish and Melvin Ehrhardt, Preventing Emergency Malpractice ( 1989).

Attorneys who represent defendant doctors and hospitals will find this book useful. The authors’ approach is to prevent ernergen- cy malpractice. Specific suggestions are included on how lo practice medicine to prevent lawsuits from occurring. The information provided can be useful to the attorney when advising clients. Writ- ten more for the layman, doctors will find this work rewarding. The book stresses the use of detailed medical records, a thorough physical examination and diagnosis, and points out the danger signs for a lawsuit. Also discussed are the most common types of lawsuits which are likely to arise in emergency medicine.

G.M. Flick, Medical Malpractice Handling Emergency Medicine Cases ( 199 1). G.M. Flick is a practicing physician and an attorney. He is a

Fellow of the American College of Legal Medicine, a Diplomat for the American Board of Law in Medicine and a charter member of the American College of Emergency Physicians. This work was assembled to educate attorneys about the specifics involved in actual emergency malpractice claims. The author gives an in-depth discussion of the structure of the emergency department, including its organization, staffing, ethics, common emergency room problems, and the litigation process.

Scott M. Lewis and Jeffrey R. McCutchen, Emergency Medical Malpractice (1987).

The emergency room has become the family physician for mil- lions of people, This treatise focuses on the cause of substandard care. It also serves as a reference tool for lawyers whose clients have a negligence claim arising from emergency care. It addresses specific probIems involving respiratory, gastrointestinal, head and spine emergencies in detail. The remaining portions cover the basic

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health problems dealt with in the emergency room. Practice, procedural, and protocol forms are included.

Mike1 Rothenberg, Emergency Medicine Malpractice (2nd ed., 1994). Focused on the sources of negligence in the emergency room as

well as an overview of emergency room operations. Each chapter includes background explanations of the different areas of medicine including the relevant anatomy. The great feature of this work is that at the end of each chapter, legal analysis is included with tips from legal experts. Chapters deal with the liabilities of emergency medicine, common cardiac and vascular emergencies, gastrointestinal emergencies, head and spinal injuries, pediatric, musculoskeletal emergencies and many more.

Herbert N. Wigder and Jeffrey C. Moffat, Standards of Care in Emergency Medicine (1994).

This loose-leaf set is a collaboration between a physician special- izing in emergency medicine and a medical malpractice lawyer. The set provides a broad overview of the legal aspects of emergency medicine, including the explanation of the emergency deparbnent process and how to interpret an emergency medical chart. Twenty of the most commonly litigated procedures are included in this work: appendicitis, ectopic pregnancy, eye injuries, closed head trauma, and wrist fractures. For each injury, this work provides definitions and terminology, diagnostic criteria, typical treatments, problem areas to watch for complications, legal issues and findings. One of the unique features of this very current set is the legal and medical analysis of emergency injuries. The legal analysis reveals the strengths and weaknesses for both sides of the case, plaintiff or defendant. It also provides theories to use in proving your case and the probable outcome. The unique approach to this material and the currency of this set make it an excellent source of reference.

5. Internul Medicine

Alvin Lee Block, Medical Malpractice Handling Internal Medicine Cases ( 1992).

An excellent tool to educate the attorney in the complicated treatment of internal medicine cases. Diagnostic and treatment tech-

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niques are discussed, along with major bacterial and viral illness. The major diseases include the lungs, heart and blood vessels, the central nervous system, intestinal tract, male and female reproduc- tive systems, blood diseases, skin disease, and AIDS. Materials for each area are broken down into four parts: (1) a discussion of the causes of diseases, including devices and techniques used in data gathering; (2) commonly seen illnesses and the recommended treatments; (3) a discussion of medical records and hospital charts; and (4) an explanation of the principles of law.

6. Obstetrics and Gynecoiogy NeonaralBirth Trauma

Michael D. Volk and Melvin D. Morgan, Medical Malpractice Han- dling Obstetric and Neonatal Cases (1 986).

Obstetrical malpractice cases are extremely complex. Settlement techniques and the litigation process are at the core of this title. This work offers numerous chapters discussing pregnancy, labor, birth complications, and birth defects of the child.

Stanley S. Schwartz and Norman D. Tucker, Handling Birth Trau- ma Cases (1985).

This two-volume set is an in-depth analysis of the medical and legal issues relating to birth trauma, and the litigation process. The work includes a glossary of medical terminology, sample interroga- tones, sample examinations and cross examinations of expert witnesses, and sample cross examinations of defendant physicians. There is also a chapter which assesses damages and loss of earning capacity. The work was last supplemented in 1989. Although this work is not updated with regular frequency, it is an excellent resource for the practitioner.

Scott M. Lewis, OB/GYN Malpractice (1989). Techniques for handling this type of malpractice claim are in-

cluded. There is detailed information explaining the major areas of obstetrics and gynecology which frequently are litigated. There is a review of sample pleadings, presentation of expert witnesses, and the use of medical evidence.

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7. Ophtholniology

Sander Marc Rabin, Medical Malpractice Handling Ophthalmology Cases ( 1 99 I) .

Learning the vocabulary of ophthalmology and common oph- thalmic problems such as complications in cataract surgery or the management of glaucoma are discussed. Effects and side effects of ocular drugs and the complications of surgery are also included. Many illustrations are used for a better understanding of how the eye works.

8. Orthopedic

William N. Harsha, Medical Malpractice Handling Orthopedic Cases ( I 990).

A two-volume treatise is authored by a lawyer/physician. It deals exclusively with orthopedic injury cases. A wide range of topics, fiftytwo, are discussed from the perspective of litigating these types of cases. The title concludes with the specifics an attorney needs to know to represent clients in a successful manner.

9. Phurtnacy

David B. Brushwood, Medical Malpractice Pharmacy Law (1986). The author of this book is a pharmacist as well as an attorney. His

intent was for this book to be used as a guide for the resolution of conflicts involving pharmacist malpractice based on scientific and legal principles. This title covers patterns of pharmacy practice, pharmacy literature and information sources, the dispensing function, controlled substances, and the elements of a pharmacist malpractice suit.

10. Plastic Surgety

Robert L. Cucin, Medical Malpractice Handling Plastic Surgery Cases ( 1990).

Robert L. Cucin has the expertise of a physician and an attorney. His book gives explanatory information on the major areas of plastic surgery. This work only lightly touches the litigation process,

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unlike most of the works in the medical malpractice area. The main focus is to give the attorney an educational background on these types of procedures.

Jeflkey D. Robertson and William T. Keavy, Plastic Surgery Mal- practice and Damages ( 1990).

A practice manual providing explanatory discussions of the legal aspects of plastic and reconstructive surgery. Discovery techniques are addressed, including actual trial transcripts and sample depositions. Since the increased awareness of problems with breast implants, cases are escalating at a steady pace.

11. Psychiany

Joseph E. Smith, Medical Malpractice Psychiatric Care, (1986). Covers unique aspects of litigating a malpractice case with psy-

chiatric issues. The content deals with: the psychiatrist-patient relationship, duties owed to a patient, informed consent, psychiatric hospitalization and the regulation of a psychiatric practice.

Paul S. Appelbaum and Thomas G. Gutheil, Clinical Handbook of Psychiatry and the Law, (2nd ed., 1991).

This work deals with the laws and regulations that effect the day-to-day practice of psychiatric and psychological care. The chapters deal with; confidentiality and privilege, legal issues in emergency psychiatry, legal issues in in-patient psychiatry malpractice, forms of liability, competence and substitute decision making, forensic evaluation, clinicians and lawyers, and the clinician in court. Each chapter includes case summaries and a review of the legal and clinical issues as well as suggested readings. For those who practice this type of law, this would make an excellent addition to their library.

Jeffrey D. Robertson, Psychiatric Malpractice: Liability of Mcntal Health Professionals (1988).

One of the first titles on psychiatric malpractice. This trial preparation manual begins by providing information to determine if a psychiatric claim is viable. The author goes through the litigation process with explanatory information about the preparation of the

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plaintiffs and defendant’s case. It also includes trial techniques and how to prove emotional damages. The second section of the book deals with cases of suicide and sexual misconduct. The third section discusses in-depth the liability of the mental health profession in issues surrounding the duty to warn, involuntary commitment, and the standard of care.

i2. Radiology

Albert L. Bundy, Radiology and the Law (1988). This book gives an overview of the legal issues encountered by

most radiologists involved in the diagnostic process. This work is intended for those with little legal background, but is useful for attorneys in familiarizing themselves with this area of malpractice. Chapters discuss the radiologist as a defendant and expert witness, missed diagnosis cases, the legalities of the radiography, informed consent in radiology cases and various uses of radiology and their legal implications. This work is one of a kind in the area of radiology malpractice.

13. Surgery

Melvin A. Shiffman, Medical Malpractice Handling General Sur- gery Cases ( 1990).

This title addresses issues surrounding malpractice litigation and surgical procedures. Major areas covered are medical training and education, office surgery, hospital privileges and practice, pre-op and post-op complications, abdominal surgery, head and neck surgery, obesity and cosmetic surgery, vascular surgery, oncologic trauma, and endocrhologic surgery. The concluding chapters discuss verdicts and settlements.

14. Toxicology

Marshall Houts et al., Courtroom Toxicology (1994). Here is an excellent reference to assist lawyers with cases having

toxicological aspects, This set provides step-by-step checklist guides to practicing in this area. Medical diagnoses are reviewed,

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compared to symptomatologies, and then confirmed against the accurate symptoms. This work also looks at exposure history, expert witness techniques, deposing experts, and settlement negotiation.

15. Urnlogy

William Morton, Medical Malpractice Handling Urology Cases (1990).

The author of this book is a urologist and an attorney. His intent in writing this treatise is to help the attorney understand urology and how to prepare a urology medical malpractice case. The topics in this book deal with medical records, urologic anatomy, physiology, common laboratory tests, the use of instruments and devices in diagnosis and evaluation, treatment of the urogenital tract, radiology, surgical procedures and complications. Another major focus is the litigation processes and hospital liability. In my research, I came across no other work that dealt exclusively with the area of urology malpractice.

16, General

CharIes J. Frankel et al., Lawyer's Medical Cyclopedia of Personal Injuries and Allied Specialties {Srd ed., 1981).

Medical issues that most frequently occur in personal injury and malpractice are c'overed in this work. Medical records, their understanding and use are another focus of this multi-volume work. The personal injury topics include orthopedic, surgical, neurosurgical, psychiatric, and allied health topics. Illustrations are widely used, terminology is defined within, and forms are provided selectively throughout the work. This work is updated by yearly supplementa- tion and revised volumes.

Fred Lane and Scott D. Lane, Lane Medical Litigation Guide (1981).

A comprehensive loose-leaf work which focuses on the questions that most often arise in medical litigation. Major concepts specifically addressed are: hospital and health care personnel, medical

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50 LEGAL REFERENCE S E R V K E S QUARTERLY

evidence, techniques and special procedures, sections of the body and their disorders and human systems, systemic disorders, and traumatic injuries. Within each major area there is a review of basic anatomy, diseases, disorders, verdicts and settlements information, extensive anatomical drawings, and litigation illustrations, including edited transcripts of medical testimony. Actual settlement fig- ures and jury verdicts for some cases are included. There is also discussion of the adequacy of settlement and trial awards. This work is an excellent place to start familiarizing yourself with malpractice law.

Jean V. McHale, Medical Confidentiality and Legal Privilege (1993). Malpractice attorneys often run across the dilemmas of confiden-

tiality in the litigation process. The author discusses in one chapter “Should the Doctor Tell?” the crisis of confidentiality in relation to many medical diseases such as AIDS. There are many legal implications of physician confidentiality. Areas included are: the doctor-patient relationship and how that relationship is protected, in- consistencies in medical privilege, and practical problems involved in protecting a patient’s rights. This book refers to many cases and has a handy table of cases in the front.

Louis S. Goldstein and Miles J. Zannanski, Medical and Hospital Negligence ( I 988).

Proper evaluation and understanding of a medicaVhospita1 negligence claim are essential to the success of a case. This four-volume treatise starts with a discussion of the development and background of medical and medical corporate liability, the current status, and trends in this area of litigation. An economic analysis is included along with common causes of malpractice. The work continues with the physician-patient relationship from the historical and common \aw perspectives, patients’ rights, privileges and confidentiality, and theories of liability including institutional liability. Included in this work are: the burden of proof; standard of care; duties of health care entities; damages; defenses including the statutes of limitation; shifting the risk and apportioning fault. The processes of litigation are incorporated into this work, including voir dire, and opening and closing statements. Several specific areas of medicine including anesthesiology, emergency medicine, psychiatry and phar-

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macology, are discussed in depth, This work is an excellent tool for the malpractice lawyer whose cases intertwine between doctor and hospital liability.

Health Law Reporter (Bureau of National Affairs). This loose-leaf set gives you the most up-to-date news and devel-

opments in the courts, congress, and regulatory agencies. The set includes a synopsis of federal and state decisions with a wide spectrum of issues such as drugs and devices, patient management, and others relevant to a litigator practicing in personal injury and the health care industry. There are fill-text opinions included. An analysis and perspective section includes legal analyses of emerging policies by experts in the fields. Currency is what makes this set a highly regarded source of information to the health law litigator.

David M. Harney, Medical Malpractice (3rd ed., 1993). Written predominately from the plaintiff’s perspective, it deals

exclusively with medical and surgical negligence. Detailed chapters discuss seventeen areas of medical and surgical specialties. Chap- ters include an introduction to that area of medicine, along with diagnostic problems and procedures, problems with medications, and how to evaluate negligence on the part of the patients. Post-operative complications are also discussed. Some of the areas of medicine covered are anesthesiology, internal medicine, pediatrics, psychiatry, dermatology, and ophthalmology. Other related topics deal with the process of litigating a medical malpractice claim. Standard of care, proximate or legal cause, res ipsa loquitur, and handling malpractice care for the plaintiff are dealt with in individual chapters. Some sample forms are inchded in these chapters. Seven appendices accompany the work including a selected list of authon- tative medical texts, checklists for evaluating hospital emergency department procedures, and interrogatories propounded by the plaintiff to the defendant physician and for the defendant physician to the plaintiff. This work is essential for the plaintiffs attorney.

J. Stanley McQuade, Medical Practice for Trial Lawyers, (4th ed., 1993).

Designed to give the attorney an overview of the medical system. Chapters are devoted to the major bodily systems including basic

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hnctions and anatomy. Another focus of this work is to give the attorney insights into the ways hospitals are organized and how hospital documents are put together. The work is supplemented yearly and is an excellent resource for an attorney with a limited budget.

Steven E. Pegalis and Harvey F. Wachsman, American Law of Medical Malpractice, (2nd ed., 1992).

One author is a trial attorney and the other is a professor of medicine who has a law degree. This two-volume work is intended to assist the practicing attorney. This work presents concepts and strategies used in the successfit prosecution or defense of a medical malpractice case. It deals with issues surrounding the duties and liabilities of the physician and surgeon, informed consent, proximate cause, hospital management and liability, prenatal brain injuries and the neurologically impaired child, obstetric malpractice, neurology, pharmacology, anesthesiology, postmortem exams, defenses for a malpractice suit, and expert testimony.

Attorney’s Textbook of Medicine: Manual of Traumatic Injuries ( I 989).

A loose-leaf treatise designed to provide the attorney with basic medical information on traumatic injuries. Technical terms are defined and many illustrations are provided. Each chapter provides a broad overview of a particular type of injury, its diagnosis and treatment. Some of the types of injuries included are: abrasions, contusions, bladder injuries, burns, and eye injuries.

Roscoe N. Gray, Gray’s Attorney’s Text Book of Medicine (3rd ed., 1950).

Medical procedure and diseases are the subject of this set. They are covered in extensive detail. The average attorney will have no difficulty following the discussion. Technical terms are defined within the text and there are numerous illustrations. Checklists are included after the text in many chapters. They provide basic questions to be asked in reviewing the medical records or in questioning the medical expert about a particular case. Each question is fol- lowed by a comment explaining its significance in relation to the

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Sheyl Summers Kramer 53

proper choice of treatment and hture complications. This multivolume loose-leaf set is widely used by attorneys.

Robert L. Coaason, Basic Medical Malpractice 1993, (PLI Litig. & Admin. Practice Course Handbook Series No. H-47 1, 1993).

This handbook focuses on the processes of a medical malpractice action and the case intake processes from both the plaintiws and defendant’s perspective. Defenses, settlement and trial techniques specific to malpractice are discussed. The handbook gives an up- date of the area in a concise manner.

Michael D. McCafferty and Steven M. Meyer, Medical Malprac- tice: Bases of Liability (1985).

The only title in the Shepard’sMcGraw-Hill Medical Malprac- tice series that does not deal with a specific area of medicine. Its title is clearit is an overview of medical negligence and liability. The authors present the perspectives of several statcs on medical liability. This is clearly an area where tort reform has had an impact and it is continuing to change daily. The authors also address medical ethics, hospital liability, informed consent, and psychiatric treatment.

Kristyn S. Appleby and Joanne Tarver, Medical Records Review (2nd ed., 1994).

Analyzing medical records is unavoidable in the medical malpractice process. This title assists in clarifying medical jargon, common abbreviations, drug codes and dosages, and shows the attorney how to effectively use records in litigation. You will find explanatory discussions on anatomy and physiology, medical terminology, diagnostic testing, common components o f medical records, and procedures for obtaining records. This is an excellent resource for understanding medical records.

Raymond Fish et al., Malpractice: Managing Your Defense (2nd ed.,

Written for the physician who is being sued. Three sections comprise the book: (1) Preparing Yourself and Your Evidence (this includes the initial process after learning of a lawsuit, including common causes of malpractice, meeting with an attorney and legal

1990).

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54 LEGAL REFERENCE SERUCES QUARTERLY

strategies); (2) Presenting Yourself and Your Case (addresses the trial process including testifying and defenses involving the patient and other defendants); and (3) Last, is “Paying for it (this way out),” which addresses resolution of these cases including settlement and paying for costs in settlement and jury verdicts. An attorney might recommend this book for their defendanddoctor to read.

Charles Kramer and Daniel Kramer, Medical Malpractice (5th ed., 1983).

Published by the Practicing Law Institute and deals exclusively with the processes of medical malpractice litigation. The concise explanatory chapters address what constitutes medical malpractice, liability issues, how to investigate a malpractice claim, and what the trial aspects entail. A brief historical background is included in the first chapter of this work. A major portion of this title is composed of four appendices. The first one includes examples of medical briefs. The following appendices include sample interrogatories, rules and regulations affecting hospital codes, public health laws, patients’ rights and more. In the last appendix is a list of medical texts in various medical specialties. This work gives a general overview. It is a valuable resource although it was published in 1983. I would be leery of the recommended texts in the fourth appendix as there may be more recent publications and editions.

William Trine and Paul Luvera, A Guide for the Plaintiffs Lawyer: Winning Medical Negligence Cases (1993).

An ATLA publication written by two trial lawyers. They use their unique experience as plaintiffs’ attorneys to guide the reader through the legal and financial maze of the litigation process. The major focus of this title ranges from an emphasis on trial preparation, including fact gathering to early settlement considerations. Addi- tional chapters discuss the discovery processes including the use of interrogatories and the depositions of the defendant doctor. The concluding portions of the book deal with voir dire, opening statements, and summations. A useful feature of this work is the appendices that follow each of the seven chapters. Sample forms, questionnaires and letters are included. These documents will assist the attorney in: creating professional information brochures for clients; writing effective letters to clients and other parties to the lawsuits,

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Shety! Summers Kromer 55

writing fee agreements, preparing questionnaires to effectively obtain relevant information from clients; preparing juror questionnaires and compiling results; formulating interrogatories; and questioning witnesses at deposition and trial. The appendices are what make this work a must for the plaintiffs attorney.

17. Miscellaneous

Courtroom Medicine (Matthew Bender) This is a multivolume set addressing fourteen specific areas of

medicine and the medicaVlegal imptications: The Low Back; The Neck; Shoulder and Elbow; Hip and Thigh; Head and Brain; Knee; Abdominal Injuries; Chest, Heart, and Lungs; The Eye; Death; Pain and Suffering; Psychic Injuries; and Cancer. This set is an excellent educational tool for the attorney to use to learn about the extensive medical anatomy of a specific part of the human body. Each area includes diagnosis, treatment, complications, and the prognosis of each type of medical problem. The entire compilation of titles includes a glossary of medical terms to assist the attorney in understanding the particular area of medicine, comprehensive bibliogra- phies, and scholarly quotations from medical literature. All chapters include many illustrations. Traumatic and nontraumatic conditions are examined as to their differential diagnosis. Cross examination techniques used for medical experts are an outstanding feature of this set considering its coverage of medicine is very comprehensive. Each title includes an “Amounts of Awards” chapter that cites cases in alphabetical order by state. In the “Specific Injuries” chapter, cases are referred back to the chapters in the set. Damage awards charts are included with each subject. The charts include the state of a case, type of injury, and the amount of award for specific cases. This information can be vital in determining what amount of damages to ask for in specific cases. I would highly recommend this set because it is very up-to-date and thoroughly examines numerous areas of medicine.

C. History

Kenneth Allen DeVille, Medical Malpractice in Nineteenth-Centu- ry America: Origins and Legacy (1990).

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Medical malpractice law, as in many areas of law, has it roots intertwined within past legal precedent. This distinctive title looks at the historical origins of malpractice. Current practices such as the standard of care evolved through the history of medical training and practice. Beginning with 1790, the author takes us through the development of medicine and the law defining the issues litigated today.

James C. Mohr, Doctors and the Law: Medical Jurisprudence in Nineteenth-Century America (1993).

A historical perspective that looks at medical jurisprudence and its early roots. First, this work examines the American medical schools where legal jurisprudence evolved. The emergence of malpractice is discussed as it is traced through history including the Civil War. The chronology of the insanity plea, its implications, and the use of expert witnesses, and medical testimony is also discussed. This work concludes with an analysis of medical jurisprudence and the influence of the American Medical Association, This title takes a rare look at the future of medical malpractice through the eyes of history.

D. Risk Management and Cem~cation/Accreditati~n

Myra C. Selby et al., Hospital and Physician Liability: A Legal and Risk Management Overview (1992).

As part of the National Health Lawyer Association Focus series, its purpose is to reflect the overlapping and integrated nature of the problems of physician and hospital liability. General principles are highlighted in discussion of selected cases. Chapters deal with the litigation process, hospital corporate negligence, risk management, confidentiality, and much more. This is a helpfil guide for hospital administrators and practitioners as they face issues relating to hospital and physician liability.

E. VerdictdSettlements and Damages

Edward C. Martin, Personal Injury Damages Law and Practice ( I 990).

The authors have laid out a useful guide to measure damages in malpractice cases and most personal injury cases. Personal injury

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damage checklists are provided to assess a summary of damages that will most frequently be used in settlement negotiation, pretrial conferencing and through the jury determination process. A helpful tool is included with each checklist. There are cross references to corresponding sections of the treatise where certain components of damages are discussed in detail. The major nucleus of this treatise is to present the legal issues involved in damage awards and damage assessments.

E Topical Materials

Neil Vidmar, Medical Malpractice and the American Jury: Con- fronting the Myths About Jury Incompetence, Deep Pockets, and Outrageous Damage Awards (1 995).

This brand new publication from The University of Michigan Press examines common perceptions and misperceptions of medical malpractice litigation far beyond its surface. The author looks at claims of jury misbehaviors and why they are so discrepant from actual evidence of jury competence. Jury damage awards are eval- uated against the reasoning of jurors, and the factors they use to determine a fair and reasonable award. These considerations are used by the author to analyze the accuracy of medical malpractice judgements. This in-depth analysis of the jury's role in a medical malpractice case is insightful, informative, and clearly defines the role of the juror as fair and impartial.

Frank A. Sloan and Penny B. Githens et al., Suing for Medical Malpractice (1 993).

Six experts in law, medicine and economics evaluate the many aspects of medical malpractice. Most of the experiences the authors draw upon are limited to the evaluation of Florida law. Florida has the highest malpractice insurance premiums in the country. Case examples are used so the reader can understand the theories of liability and the litigation process in context. This book is an excellent overview of malpractice and is useful for the lawyer as well as the physician.

Harvey F. Wachsman, Lethal Medicine (1993). The author is a lawyer and a physician. The book contains de-

scriptions of many cases of malpractice in which patients became

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victims of physician negligence. The work addresses what clearly is an issue in a medical malpractice suit, i.e., when to sue or not to sue, and what patients should look for in a doctor.

Frank M. McClellen, Medical Malpractice Law, Tactics, and Ethics (1 993).

The three major focuses are legal, medical and ethical standards, assessing and proving damages, and gathering evidence and developing successful strategies. The author goes through the considerations that influence the initiation of a medical malpractice claim and the dynamic process of gathering information to successfblly win a case. The format of this work lends itself to be used as a text in this area.

Paul C. Weiler, Medical Malpractice on Trial (1991). The malpractice system is seen in this work through a looking

glass. There are six major areas of medical malpractice addressed in this book: the malpractice crisis and its multiplicities; todfault model malpractice law in transition;-tort reform; prevention of medical injuries; the alternative of no liability through contract; and no-fault patient compensation. This work looks at the fbture trends and developing issues of the complex medicavlegal system.

Paul C. Weiler et al., A Measure of Malpractice: Medical Injury, Malpractice Litigation, and Patient Compensation (1993).

The many authors scan a variety of disciplines besides medicine and law. The authors include experts in economics, statistics, sur- vey research and data management. This work is a collaboration of research on malpractice and its future. Addressed are medical trends, insurance, and recovery of damages for injury. Statistical analysis is used widely throughout.

G. Digests

Medical Malpractice Digest (Lawyers Cooperative Publishing). The author, Dean E. Snyder, organized the digest in a unique and

usehl manner. There are 45 chapters dealing with a vast number of medical areas (gynecology, pediatrics, drugs, devices, etc.). Within each chapter is a synopsis of cases in alphabetical order by state.

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Each listing includes the injury, date of incident, plaintiff, defendant, trial court decision, and the facts of the case. There are also references to ALR and other Lawyers Co-op publications. This digest is supplemented quarterly.

Health Law Digest (National Health Lawyers Association). This monthly loose-leaf digest gives a synopsis of the most cur-

rent federal and state court decisions in the health care field. Many malpractice issues are included.

ALR Medical Malpractice: Cases and Annotations (Lawyers Coop- erative Publishing).

This set lists all the annotations regarding malpractice, which are extracted from the ALR 2nd, 3rd, 4th, and 5th series. The set is updated with interim pamphlets, containing all the up-to-date annotations regarding current case law.

H. Citcrtors

Shepard’s Medical Malpractice Citations A compilation of citations to malpractice decisions of the U.S.

Supreme Court, Lower Federal Courts and State Courts. This work includes medical malpractice provisions of the United States Code and State Codes, as well as cites to the Bankruptcy Reporter and Claims Court Reporter. Regional Reporters are also included in the citations. There is a medical malpractice case name table listing the Plaintiffs and Defendant’s names, the cite to the case, and a topical index listing Federal and State Statutes relating to medical malpractice. Caution should be shown when using Shepard’s as there is an approximate six-month time lag in the publication of citations.

I. Journals and Newsleiters

Following is a list of periodicals that specialize in medical malpractice issues. These publications can be useful to the medical negligence attorney or researcher to determine the hot topics and trends in case law, settlements, and trial techniques.

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1 . Amencan Journal of Law and Medicine

This quarterly periodical published by the American Society of Law, Medicine, and Ethics, in conjunction with Boston Universi- ty School of Law, deals with a broad spectrum of medicamegal issues surrounding health care and liability reform.

American Society of Law, Medicine, and Ethics 765 Commonwealth Avenue 16th Floor Boston, MA 022 1 5

2. Journal of Health and Hospital Law

This monthly publication addresses a broad range of health care issues, as well as hospital and malpractice liability issues such as staff and credentialing.

DePaul University College of Law 25 East Jackson Boulevard Chicago, 1L 60604-2287 3. Journal of Law and Health

Deals with a wide spectrum of medical topics with legal implications. Published semiannual I y.

Cleveland State University Cleveland-Marshall Law Center Cleveland, OH 441 I5

4. Journal of Legal Medicine

Useful for both the physician and the lawyer. Covers a broad range of issues including: family planning, the use of over-the- counter medications, and drug testing. Book reviews are also included within each issue. Published quarterly.

Hemisphere Publishing Corporation 79 Madison Avenue New York, NY 10016

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Sheryl Summers Krurner 61

5 . Medical Liability Reporter

Deals with recent developments in medical liability. The cover page gives major cases with a short synopsis of the subject and refers you to the page. Inside the issues are relevant decisions and an analysis of cases. This is a good source of current information for new trends. Published monthly.

Shepard’s/McGraw-Hill, Inc. P.O. Box 35300 Colorado Springs, CO 80935

6. Medical Malpractice Law and Strategy

News items, as well as strategies to avoid liability problems, are a definite focus. There is a section on verdicts and settlements which addresses cases and their outcome. Actual monetary amounts are not included. Published monthly.

Leader Publications Division of New York Law Publishing Company 111 Eighth Avenue New York, NY 1001 1

7. Medical Trial Technique Quarterly

This quarterly publication is geared toward the practicing attorney who exclusively litigates medicaUlegal issues.

Callaghan and Company 2 155 Pfingsten Road Dearfield, IL 60015-4998 8. National Health Lawyers News Report

A monthly newsletter dealing with health issues, as well as legis- lative and regulatory activities at both the federal and state levels. Some malpractice issues are discussed.

National Health Lawyers Association 1 120 Connecticut Avenue, NW Suite 950 Washington, DC 20036

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9. Trauma

Targeled at the medical/legal litigator. There are many technical illustrations and discussions of relevant issues, such as the physician’s duty to assist in a legal proceeding. A bimonthly periodical.

Matthew Bender and Company, Jnc. Corporate Headquarters 11 Penn Plaza New York, NY 10001

10. Medical Malpractice Verdicts, Settlements and Experts

A monthly publication providing abstracts of cases nationwide in thirty-four areas of medicine. Within each abstract, the amount of settlement is listed along with the names of the experts used for the plaintiff and the defendant. The purpose of this publication can be twofold: the attorney can use this information to assess damages, and victims of malpractice can determine if they are being adequately compensated for their injuries.

Lewis L. Laska 90 1 Church Street Nashville, TN 37203

J. Expert Mtnesses

Douglas Danner and Larry L. Varn, Expert Witness Checklists ( 1993).

Used widely by attorneys for preparing expert witnesses in litigation. Chapter 2 of the set is devoted exclusively to “the medical expert witnesses.” In this chapter many issues are discussed, such as use of a medical expert at trial, selecting a witness, and preparing the expert for deposition.

Marshall Houts, Art of Advocacy: Cross Examination of Medical Experts (1982).

A one-volume loose-leaf containing transcripts of cross examinations for a variety of medical specialties. A useful feature is the

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practice commentaries that accompany the cross examination transcripts. The initial chapter addresses the art of cross examination, including the most common pitfalls to avoid with particular injuries. Truly helpful, a must for the attorney who regularly goes to trial.

K. Insurunce

Frank A. Sloan et al., Insuring Medical Malpractice ( I 990). Physicians are held responsible for most damages occurring as a

result of medical malpractice lawsuits. The insurance industry surrounding malpractice claims has escalated premiums due to the rise of litigation in personal injury law. Through the use of the insurance mechanism, plaintiffs are compensated for their cause of actions. The main focus of this treatise is to provide an attorney with the understanding of how physician liability insurance works. This book would be suitable both for the attorney and the law student. Part of the introduction discusses trends in premiums and claims. Charts are used to show the history and growth of malpractice claims. Chapters include: a porbait of the insurance industry and its practices, regulations controlling the industry, the insurance market including cost differences in different areas of the country, risk classification of different medical specialties, and much more. This title is unique in its approach.

L. Case Law

The West’s Publishing Company National Reporter System prints cases and the topic and key number theme assigns cases to particular topics. Within each topic it is further broken down into key numbers. The researcher can use these topic and key numbers throughout the National Reporter System digests for all jurisdictions. Each case listed in the digest will have a short synopsis of the cases.

To find case law pertaining to medical malpractice, the following topic and key numbers are most relevant:

Physician and Surgeons 15-22 Hospital 6-8

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For hrther information consult the descriptive work indexes of the digest under physician and surgeons, subheading negligence or malpractice.

Lawyer’s Cooperative Publishing provides access to malpractice cases ,through their American Law Reports series. They also provide annotations that include an in-depth analysis of a particular legal issue. These annotations include relevant references to other resources published by Lawyers Co-op and many cases from other jurisdictions. Cases and annotations can be found by the ALR indexes. The topics to refer to are “Malpractice by Medical or Health Professions” or “Physicians and Surgeons.”

Fundamentals of Medical Malpractice Litigation, Practicing Law lnstitute ( 1992).

This educational tool is the 1992 PLI program chaired by Steven E. North. This series highlights practical strategies which have proven successhl in the prosecution and defense of a medical negligence case. The focus is on intake practices, case investigation, management goals, expert evaluation, pleadings and motions, discovery, depositions, and damages. The videocassette can be another excellent resource for information on medical malpractice litigation.

Medical Negligence, American Trial Lawyers Association Press (1 990).

This videocassette series captures the information derived from the 1989 ATLA program on medical negligence. A panel of well- known experts in the area of malpractice address practical suggestions for trying and winning a medical negligence case, discovery techniques and the impact of a delayed diagnosis.

Medical Malpractice Litigation: New Strategies for a New Era, American Bar Association (1987).

This video seminar consists of seven programs: (1) evaluating the case; (2) pretrial strategies: discovery and depositions; (3) strategies for trial; (4) jury selection; ( 5 ) opening statements; (6) handling the expert witness; and (7) examining the expert witness. The

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experience of skilled trial lawyers comes together as a valuable educationat tool for attorneys new to this area of litigation.

Litigating Medical Malpractice Claims, American Law Institute- American Bar Association (199 I ) .

Case preparation and trial skills are the focus of this videocassette seminar. Both the plaintiffs and defendant’s perspective are addressed in relation to the trial processes.

Expert Witness-Medical Expert, National Institute for Trial Advo- cacy, 1995.

This video takes a look at the unique aspects of questioning a medical expert.

III. ONLINE RESOURCES

A. CALR Resources

Attorneys working exclusively with malpractice need to get the most up-to-date information about diseases, treatments, new drugs, and the current prognosis for a disease or injury. In malpractice and health care litigation, the use of expert witnesses is widespread. An expert can be the lifeblood of a case. Through the use of Computer Assisted Legal Research (for example, WESTLAW or LEXIS), the attorney can access the most current information.

LENS provides a special medical service, Medis, to help the attorney search for medical information. The Medis service com- prises two libraries; GENMED and MEDLME. The General Medi- cal (GENMED) library contains full-text medical journals and newsletters. Information and articles dealing with drug interactions, cancer, poisodtoxicology, disease, trauma information and medical administration are included in the database. For example, to find the full-text of medical articles discussing Sudden lnfant Death Syn- drome you would select the GENMED library and the JNLS file.

The MEDLME library is one database LEXIS has that is not hll-text. It contains bibliographic information only from over 3500 worldwide clinical and research journals dating back to 1966. Most medical journals are covered in this database including dentistry, nursing, pharmacy and veterinary journals. MEDLME is produced

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66 LEGAL REFERENCE S E R V K E S QUARTERLY

by the National Library of Medicine. To obtain a list of references and identify authors who may offer expert testimony on Sudden Infant Death Syndrome, you would select the MEDLINE library. For example, one would use the following search:

dr or doctor! or professor! or expert! or authority w/10 sudden infant death syndrome

Given a name of an expert, it is possible to see what they have written, by taking the name and searching for it in the MEDLME Library. The search request used is:

Author (experts’ name)

You can also search in the NEXISMEWS library to find current news articles pertaining to experts.

To find news information on a new drug, select the NEXIS NEWS library and CURNWS file and put in the name of the drug. This is an excellent source to find current information concerning trends in the drug market and information about new drugs.

Lexis also has the MEDMAL Library. This library contains medical malpractice case law. both federal and state, as well as relevant statutory materials and scholarly publications. It includes Bill Track- ing, Joint C o d s s i o n on Accreditation manuals, JCAHO documen- tation, FDC Reports and several journals. One of the journals deals exclusively with expert witnesses and is an excellent source of information on specialists in the area of medicine and health law.

VERDCT is a library consisting of infomation on settlements and jury verdicts. This information is useful for the attorney in making settlement decisions. The information can be used to access damages upon the initiation of the malpractice lawsuit.

WESTLAW offers many databases through the Dialog service. The MEDLINE bibliographic database is also available on WEST- LAW. For example, an attorney has a client who suspects that the doctor treating him for prostate cancer failed to follow acceptable standards of treatment. The searcher could use this strategy:

“prostatds cancer & standard / s practice”

to find articles written by professionals in the medical field.

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EMBASE is another bibliographic database of biomedical literature. It contains abstracts and citations of articles from over 3,500 worldwide biomedical journals. To look for abstract of articles written by an expert in a particular area of medicine, type:

au( "george, f").

HPD Health Periodicals Database is a source of information about medical and health topics fiom weight control to prenatal care. HPD includes full-text articles from a wide variety of medical, health, fitness, and nutrition periodicals.

WESTLAW has a number of databases devoted exclusively to drug information. DRUGINFO is a full-text database that provides infomation on 1,000 commercially available drugs. Information about the properties of drugs, usage, dosage and interactions, and adverse effects are included. For example, looking for dosage information about Prozac, you would type:

nakrozac).

The SEDBASE database deals exclusively with literature addressing the side effects of drugs. Thousands of scientific articles per year are generated. After carefid review by experts, they are included in the SEDBASE database.

Another database, P A International Pharmaceutical Abstracts, includes abstracts of articles from over 550 pharmaceutical, medical, and related journals. The main focus of the materials in this database is to provide information about all phases of drug development including regulations, legislation, clinical studies, and scholarly articles.

The DIOGENES database includes news concerning the regulation of drugs and medical devices. Regulatory information is also included such as unpublished FDA documents, lists of approved products, and information about the approval process.

F-D-C-REPORTS includes the hll-text of FDA publications: pink sheets for drugs, gray sheets for medical devices, rose sheets for cosmetics. These publications provide infomation about FDA recalls, court actions, and approvals of new drugs and medical devices.

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Other related databases are CINAHL, which covers citations to nursing and health professional journals. The HDS database is a directory of manufacturers and distributors of health devices, and last, the HDA database contains reports about health devices. The failure of a medical device can be the central issue of controversy in a malpractice suit.

To find experts in specific areas of medical research the MEDLINE database using a similar method as LEXIS, use the author field to search for articles by a particular expert. For example, if a colleague has recommended a particular expert, search:

au( “a1 lan,s”)

to see what they have written. You can also do a subject search to see what experts have written in that area. If you are looking for experts on Sudden Infant Death Syndrome you would use the following search:

“sudden infant death syndrome.”

B. In re met

Washbum University School of Law, University of Texas at Aus- tin School of Law, and St. Louis University School of Law have a discussion list for health care issues, HEALTHLAW-1. Various malpractice issues are addressed on this list-sew. This discussion list provides opportunities for discussion of current medical literature, hot topics such as health care legislation, medical malpractice and hospital liability, and upcoming events in the area of health law. To subscribe, send a message to: lisrseru@acc,wuacc.edu with the body containing the command: subscribe healthlaw-1 your first name (example, subscribe healthlaw-1 Sheryl Gamer). If you have any problems subscribing, contact: [email protected], Paul A. Arrigo, (913)231-1010, ext. 1785.

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Documents

A Research Guide to Medical Malpractice and the Law