Handling the Medical Malpractice Case: From Soup to Nuts

August 2008
 
Handling the Medical Malpractice Case: From Soup to Nuts
 
Co-sponsored by the CBA Litigation Section
 
Program Highlights
 
What You Will Learn:
 
*The Types of Medical Malpractice Claims
*Burdens of Proof for Damages, Liability, and Causation
*Walk-through:  The Process of Handling a Medical Malpractice Case (Plaintiff Perspective)
*Walk-through:  The Process of Handling a Medical Malpractice Case (Defense Perspective)
*Critical Insurance Issues
*Mediation and Settlement Conferences
*Case Review Strategies and Key Issues
*The Expert Search Process
 
 
Who Should Attend:
 
*Litigators - Both Plaintiff and Defense Counsel
*Physicians
*Medical Office and Hospital Management
*Human Resources Professionals
*Arbitration and Mediation Professionals
*Anyone Who Needs In-depth Guidance on the Processes and Strategies of Medical Malpractice Lawsuits!
 
Program Description
 
Are you new to the world of medical malpractice lawsuits?  Do you have some experience in handling these cases but want to hone your skills and increase your knowledge?  If you fall into either category, this the CLE program you have been waiting for!
 
In this full-day program our expert faculty will take you through the process required to handle a medical malpractice lawsuit – from client intake, to case evaluation, to preparing for trial and settlement conferences.
 
In addition, you will learn the procedural and substantive issues you need to know when handling a medical malpractice case.  From liability, causation, and damages issues, to standards of care, to statutes of limitation, you will get up to speed fast!
 
Finally, our program will teach you the practical aspects of handling medical malpractice cases, from the search for an expert witness, to insurance company issues, to when and how to use mediation, you will get the useful, real-world skills you need when handling these cases.
 
Our faculty includes veteran medical malpractice plaintiff and defense counsel, as well as experts from the medical, case evaluation, insurance, and mediation fields, giving you a comprehensive view of this area of law.
 
The program includes a buffet-style or box lunch for all attendees.  Enjoy a meal between the morning and afternoon sessions while networking with your colleagues!
 
 
Agenda
 
8:30 am
Registration
 
9:00 – 9:05 am
Welcome and Introduction
 
Extended by Brock R. Wood, Esq., CBA-CLE Program Attorney
 
9:05 – 10:30 am
The Medical Malpractice Case:  Types of Cases, Burdens of Proof, and Plaintiff Counsel's Substantive Perspective
 
*Types of medical malpractice cases:
      -Failure to diagnose
      -Surgical procedures
      -Medical devices
      -Pharmaceutical
 
*Burdens of Proof for
       -Damages
       -Liability
       -Causation
 
*The Medical Malpractice Case from Plaintiff Counsel's Perspective
       -Potential case screening process to determine merit
       -Certificate of Review
       -Medical Records - expert review
       -Demands
       -Liens
       -Duty to disclose – documentation
       -Case law
       -Statutes of limitations
       -Loss of chance doctrine
       -Economic vs. non-economic damages
       -Physical impairment and disfigurement
 
Presented by Scott J. Eldredge, Esq.
 
10:30 – 10:40 am
Break (10 minutes)
 
10:40 – 11:35 am
The Medical Malpractice Case from Defense Counsel's Perspective
 
*Insurance company involvement
*Limitations on liability
*Comparative negligence
*Discovery issues and protocols
*Expert witness searches
*Duty to disclose - documentation
*Case law
*Affirmative defenses
*Informed consent issues
 
Presented by Daniel M. Hubbard, Esq.
 
11:40 – 12:00 pm
Case Review Considerations
 
*Time constraints
*Qualifications to render opinions
*Standard of care breach vs. causation
*Authored reports vs. attorney authored summaries
*Materials necessary for review
*Prior Testimony
*Certificate of Review review versus testifying expert witness reviews
 
Presented by Robert Sarche, M.D.
 
12:00 – 1:00 pm
Lunch
A complimentary buffet-style or box lunch will be served.  There will be no luncheon presentation.  Please enjoy your lunch and the opportunity to network with your colleagues!
 
Lunch provided compliments of CBA-CLE and the CBA Litigation Section
 
1:00 – 1:30 pm
Case Review Considerations and Tips (concludes)
 
1:35 – 2:25 pm
The Expert Search Process
 
*Sources
*Articles
*Websites
*Considerations for selection of experts
*Obstacles in retaining experts
*Qualifications of experts
*Courting the expert
*Expert fee considerations
 
Presented by John M. Restaino, Jr., Esq., M.P.H., D.P.M.
 
2:25 – 2:35 pm
Break (10 minutes)
 
2:35 – 3:25 pm
Mock Direct and Cross Examination of an Expert Witness in a Medical Malpractice Case
 
This segment will provide an opportunity for you to witness a role-play of the direct examination of an expert witness by plaintiff's counsel and cross-examination of the expert by defendant's counsel. Time permitting, the participants will continue on with re-direct and re-cross and you will get to observe the fluid nature of the process involved in eliciting testimony from an expert witness.
 
Presented by Scott J. Eldredge, Esq., Daniel M. Hubbard, Esq., and Robert Sarche, M.D.
 
3:30 – 4:25 pm
Mediation and Settlement Conferences
 
*The Process
*Confidential settlement statements
*Supporting documentation
*Primary versus secondary considerations
 
Presented by Steve C. Briggs, Esq.
 
4:25 pm
Adjourn
 
 
Program Planning Volunteer
 
Linda Squires
Burg Simpson Eldredge Hersh Jardine, PC
Denver, CO
 
Faculty
 
Steve C. Briggs, Esq.
Judicial Arbiter Group, Inc.
Denver, CO
 
Scott J. Eldredge, Esq.
Burg Simpson Eldredge Hersh Jardine, PC
Denver, CO
 
Daniel M. Hubbard, Esq.
Pryor Johnson Carney Karr Nixon
Greenwood Village, CO
  
Robert Sarche, M.D.
Conifer, CO
 
Jennifer Thompson
Burg Simpson Eldredge Hersh Jardine, PC
Denver, CO
 
 
Video Replays:
September 17, 2008
Denver:  CLE Classroom, 1900 Grant Street, Suite 300
Grand Junction:  1250 East Sherwood Drive
Colorado Springs:  421 South Tejon Street, Suite 100
 
 
 

Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
Registration Fees
$279.00
CBA $249.00
LITIG $209.00
$179.00
  • General Credits: 6.00
  • Ethics Credits:
  • EDI Credits:

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Start Date - End Date
August 27, 2008
Start Time - End Time
9:00 AM - 4:25 PM
Event Location
CLECI Large Classroom
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