Medical Malpractice Law in Virginia (Virginia CLE)

2.6 Virginia Tort Claims Act
Appendix 1-1 Rules for Proceedings of Medical Malpractice Review Panels
3.4 What to Tell the Client
Appendix 5-6 Instructions for Expert Witnesses at Deposition
1.2 Procedures Under the Medical Malpractice Act
3.3 What to Get from the Client
2.8 Informed Consent
Chapter 4 Investigating the Factual Background
5.11 Disqualification of Experts
9.7 Medical Records
Appendix 6-2 Order
6.5 Supplementation of Discovery Responses
Appendix 6-1 Medical Records Release Authorization
3.8 Initial Meeting
4.1 Applying Darwinian Concepts to Case Selection: “only the Strongest Survive”
Appendix 3-3 Initial Letter to Defendant
9.14 Strategic Planning
6.10 Important Subjects of Written Discovery
7.7 Deposition Guidelines
9.22 Direct Examination of the Defense Expert
6.1 Introduction
6.9 Written Discovery in Federal Court
9.11 Other Evidentiary Issues
2.1 Theories of Recovery
9.17 Plaintiff’s Case
Appendix 6-7 Written Discovery Checklists
1.4 Limitation on Recovery
Appendix 8-1 Arbitration Agreement
5.9 Documentation of Expert Opinions
8.3 Mediation and Arbitration
4.5 Testimonial Evidence
9.24 Jury Instructions
1.5 Standard of Care and Expert Testimony
2.2 Standards of Liability
5.5 Determining Which Experts Will Be Most Effective
Appendix 5-2 Sample Letter Verifying Certification
Chapter 5 Expert Review
4.4 Other Documents
1.8 Statutes of Limitations
Chapter 2 Theories of Recovery and Defenses
6.8 Pretrial Orders and Written Discovery
Appendix 4-4 Organizations Publishing Practice Guidelines
9.8 Medical Literature
6.4 Objections to Written Discovery
7.4 Preparing to Depose Witnesses
9.25 Closing Argument
7.8 Summary
7.11 Defending a Defendant’s Deposition
9.13 Closing Argument
Appendix 1-2 Checklist for Bringing an Action Under the Federal Tort Claims Act (ftca)
9.15 Voir Dire
Acknowledgments
Appendix 6-5 Defendant's Initial Interrogatories to Plaintiff
1.7 Other Virginia Statutes
Appendix 5-5 Sample Form for Expert Designation
7.13 Defending a Defense Expert’s Deposition
4.3 Medical Records
Appendix 1-3 Request for Medical Malpractice Review Panel
7.6 Preparing Plaintiff’s Expert for Deposition
9.2 Voir Dire
Appendix 3-1 Fee Agreement
Chapters and Authors
9.10 Cross-examination of Defense Experts
3.2 Initial Interview
9.18 Cross-examination of the Plaintiff’s Fact Witnesses
Appendix 5-1 Sample Letter Requesting Certification
Title and Copyright
2.7 Assault and Battery
1.9 Virginia and Federal Tort Claims Acts
9.23 Examination of the Defendant
2.9 Vicarious Liability and Agency
4.2 Initial Investigation
Electronic Forms: Instructions and Table
9.20 Motions to Strike
7.9 Preliminary Matters
9.21 Defendant’s Case
1.3 Medical Malpractice Review Panels
5.7 Certification Requirement
2.10 Virginia Birth-related Neurological Injury Compensation Act
1.1 History and Purpose
8.4 Special Considerations
3.9 Institutional Client
Chapter 1 Statutes and Rules
Appendix 5-3 Checklist for Evaluating Potential Experts
1.6 Inconsistencies Between the Medical Malpractice Rules and the Act
7.3 Preparing to Depose the Defendant
5.2 Is an Expert Needed?
9.16 Opening Statement
2.3 Statute of Limitations and the Continuing Treatment Exception
Contents
6.7 Remedies for Failure to Make Written Discovery
9.9 Demonstrative Evidence
Index
About the Editor and Authors
3.7 Action before Initial Meeting
9.19 Cross-examination of the Plaintiff’s Experts
8.2 Strategies and Tactics
Chapter 3 Interviewing the Client
3.6 Action Upon Referral of Case
Appendix 5-4 Certification That Expert's Opinion Obtained
Appendix 4-3 Equivalents and Symbols
Appendix 4-1 Chronology Examples
5.1 Introduction
5.4 Finding Experts
6.2 Scope of Discovery
9.6 Proof of Causation
Preface
Chapter 6 Written Discovery
1.10 Persons Exempt from Liability for Medical Negligence
3.5 Turning Down the Case
Appendix 6-6 Defendant's First Request for Production to Plaintiff
Chapter 7 Depositions
Appendix 6-3 Subpoena
9.4 Witnesses and Other Proof
2.5 Immunity for Health Care Providers
5.3 Determining the Types and Number of Experts Required
Appendix 7-1 Sample Medical Chart and Time Line
7.10 Taking the Deposition of the Plaintiff or Other Fact Witness
5.8 Number of Experts to Be Retained
Appendix 3-2 Initial Letter to Plaintiff
9.12 Jury Instructions
2.4 Damage Awards
9.1 Strategic Planning
7.12 Taking an Expert’s Deposition
7.1 Overview of Virginia Law Concerning Depositions
6.6 Protective Orders
5.6 Expert Review and Preparation
8.1 General Considerations
9.5 Direct Examination of Standard of Care Expert
Appendix 6-4 Plaintiff's Interrogatories and Request for Production of Document
3.1 Introduction
Appendix 4-2 Abbreviations in Medical Records
9.3 Opening Statement
5.10 Preparing Experts for Deposition and Trial
7.5 Preparing the Plaintiff for Deposition
7.2 Should Counsel Depose Any Parties or Witnesses?
6.3 Types of Written Discovery
Chapter 9 Trial
Chapter 8 Negotiation and Settlement