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Connecticut Medical Malpractice: A Manual of Practice and Procedure, Fourth Edition

  • ID: 4472280
  • Book
  • Region: United States
  • 378 Pages
  • ALM Media, LLC
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"Joyce Lagnese, Calum Anderson and Frank Santoro have provided Connecticut attorneys with a remarkably complete and up-to-date analysis of our State’s medical malpractice law. This thoroughly researched, well-balanced and comprehensive treatise needs to be in every lawyer’s library if their practice area includes the complex and ever-changing law of medical malpractice." - James D.Bartolini, Esq.

Newly revised and reorganized, Connecticut Medical Malpractice: A Manual of Practice and Procedure is the "go-to" legal reference handbook for all Connecticut medical malpractice litigators, both the defense and plaintiff's bar. Three well-known Hartford area attorneys (from the firm of Danaher, Lagnese & Sacco, P.C.) have thoroughly covered this overdue subject.

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."

Chapters Include:

  • General Duty of Health Care Providers
  • Causation
  • Damages
  • Certificate of Good Faith and Opinion Letter
  • Statute of Limitations
  • Informed Consent
  • Hospital Liability
  • Expert Testimony
  • Evidentiary Issues
  • Trial Management Issues
  • Apportionment
  • Areas of Special Statutory Regulation
  • Claims Distinct From but Related to Medical Malpractice
  • Privileges and Immunities
  • Disclosure of Patient Information
  • Duty of Mental Health Provider to Third Parties
  • Actions Against the Government
  • Insurance Issues
  • Administrative Regulation of Health Care Providers

New! Important discussion of recent case law, statutory changes and rules.

New Sections:

  • Habit and Practice Evidence
  • The Reptile Theory
  • The Affordable Care Act (Obamacare)

Also New Discussions of:

  • Apparent Authority
  • Miscellaneous Holdings that Cases are Not Medical Malpractice and Therefore Do Not Require Letter
  • Miscellaneous Holdings that Cases are Medical Malpractice Cases which do Require Letter
  • Cases Holding that Author is a Similar Health Care Provider
  • Cases Holding that Author is Not a Similar Health Care Provider
  • Relationship Between Opinion Letter Statute and Practice Book Provisions Relating to Disclosure
  • Suitable Tolling
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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 Non-Patients
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
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
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
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
9-2.3.2 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
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
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 Patients 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 Mans 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
17-10 Closing Argument
17-11 Day in the Life Film
17-12 Spoliation of Evidence
17-13 Testimony of Economists
17-14 Failure to Bill and Advance Payments
17-15 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 Defendants Attorneys Fees
18-4:2 Plaintiffs 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
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 1986
18-9:2 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
18-10 Taxation of Costs
18-11 Regulation of Conflicts Between Religion and Medicine
18-11:1 Physicians Freedom of Conscience Generally
18-11:2 Engaging in Practices Because of Religious Beliefs
18-11:3 Engaging in Practices Despite Religious Beliefs
18-12 Complex Litigation Docket
18-13 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
10-1 Expert Testimony Requirement
10-2 Exceptions to the Expert Testimony Requirement
10-3 Similar Health Care Provider
10-4 Res Ipsa Loquitur
10-5 Expert Witness Disclosure Requirements
10-6 Medical Literature
10-7 Scientific Evidence Porter Hearings
10-8 Scope of Cross Examination of Expert
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
3-1 Introduction
3-2 Wrongful Birth
3-3 Wrongful Life
3-4 Wrongful Living
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Ms. Lagnese is one of the founding principals of Danaher, Lagnese & Sacco, P.C. in Hartford, CT. She serves as co-managing principal of the firm and head of the Medical Malpractice Defense Unit. Her practice concentration is complex civil litigation, principally high exposure medical malpractice defense litigation. She has defended medical malpractice cases in all venues in Connecticut on behalf of physicians, hospitals, nursing homes, community health organizations, nursing staff contractors and mobile medical service providers. Her practice also includes representation of medical practitioners and institutions in administrative proceedings before the Connecticut Department of Public Health.

Ms. Lagnese has extensive trial experience in high exposure complex litigation. This includes medical malpractice cases including wrongful death and permanent injury due to surgical complications; hypoxic induced brain injury and Erbs palsy in babies; delayed diagnosis of cancer and cardiovascular disease; permanent neurologic injury following general anesthesia; patient suicide in the psychiatric and primary care setting; catastrophic outcomes in the Emergency Department setting; and blindness following ophthalmologic treatment.

Mr. Anderson is a partner in the law firm of Danaher, Lagnese & Sacco, P.C. in Hartford, CT. His major areas of practice are Civil Litigation, including Insurance Coverage, Construction, Product Liability, Toxic Tort Litigation and Medical Malpractice.

Mr. Santoro is a partner in the law firm of Danaher, Lagnese & Sacco, P.C. in Hartford. He practice focuses on appellate litigation the context of medical malpractice and insurance litigation.

Note: Product cover images may vary from those shown