Doctors and the Law: Defendants and Expert Witnesses

“In Doctors and the Law an experienced judge who has seen many physicians in court has joined with a physician who knows about courts from the physician’s point of view, to give us what appears to be the forensic Merck’s Manual. My advice to physicians is don’t leave for court without it.” —Jacob A. Stein, former president, District of Columbia Bar

Malpractice litigation is now a fact of medical life. Short of three years of law school, how is a doctor to know what to do when he or she is sued or called as an expert witness? This comprehensive guide has the answers. From the heart-stopping delivery of the first legal document to the final resolution of the case, the authors offer sound advice, valuable dos and don’ts, and reassuring insights. For the physician who wishes to avoid an occurrence, or recurrence, of malpractice litigation, they supply preventive medicine. For the doctor who is being sued or serving as an expert witness, they cover relationships with the insurance company, the lawyer, and the plaintiff’s lawyer; depositions and pretrial motions; the trial, including effective testimony and what to expect in cross-examination; out-of-court settlements; and appeals. Most of all, they provide an approach that will allow physicians to deal intelligently with the legal process.