Medical liability litigation attorneys and health care law attorneys face many varied and distinct issues. Often the separate roles of the health care law attorney and the medical liability litigation attorney become intertwined on overlapping issues, such as e-discovery and informed consent.
This publication explores some of these overlapping issues in a comprehensive discussion aimed at providing a good factual background and practical tips for lawyers in both fields. Topics addressed include: the Stark Law; informed consent; Good Samaritan laws; the impact of e-discovery on health care litigation; EMTALA; the impact of Medicare liens on litigation and settlement; the Patient Safety Act; determining the value of medical services as they relate to a plaintiff's damages claim.
The authors provide detailed overviews of the history and development of each of the issues, and analysis and discussions of the applicable case law. In addition, the authors present practical considerations for advising health care provider clients in an effort to minimize risk and avoid litigation, as well as recommendations for litigation attorneys to assist in the defense of litigated claims