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- A Trial Lawyer's Guide to the Medical Record, 84 Ill. Bar J. 637
(1996) ©
How to evaluate a medical record, written for practicing attorneys. This short paper will
help you detect medical issues, assist you in making a more efficient presentation to
medical experts, and give you the insight to know when the doctor has doctored the
doctor's record.
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- The coMEDco, Inc.TM Way:
Objective Analysis of the Medical Negligence Case ©
This is the "how to" guide in case analysis. Tells you how
to identify cases which are a "slow pitch down the middle of the
plate."
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- *EMTALA: Its First Decade - A Retrospective
Analysis of 42 U.S.C. § 1395dd: With Y2K Supplement ©
ISBN# 1-930263-00-7
The materials needed to understand EMTALA claim and to structure a
claim.
65 pages, 250 footnotes. Appendix (B) contains a compilation of all EMTALA cases listed in
U.S.C.A. A thorough analysis of this important statute. (velo bound, includes P&H)
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- *BEFORE AND AFTER: Spoliation Of Evidence In Medical Negligence
Litigation © 175+ pages; 600+ footnotes
ISBN# 1-930263-03-01
The wily trial attorney must assume that all records are altered. How would you know when
the record has been "modified?" What if the record is simply gone, then what?
Should you ask the court for an adverse inference; what is the proper jury instruction?
What is the role of a rebuttal presumption when the doctor has doctored the doctor's
record? This is an exhaustive presentation written against the background of the common
law and statutory duty to create medical records. This will provide the trial attorney
with the basic theory and law and insight on how to handle this not uncommon
problem. Written as the thesis for the LL.M. Health Law at Loyola University Chicago
School of Law, Institute for HEALTH LAW. There
is no similar publication since no other publication has tackled this problem. (spiral
bound, including P&H)
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- The Law of Evidence and the Medical
Record © by Elliott B. Oppenheim, MD/JD/LLM HEALTH LAW:
125+ pages, 235 footnotes
ISBN# 1-930263-01-5
Medical records and the hearsay exceptions. If you would like to better understand this
area of law and medicine, this monograph presents medical record analysis in the context
of Evid. R. 803. Also, there is a section which considers the testimonial privilege and
medical records. Should you bring a motion in limine to exclude medical
records under Evid. R. 803(7)? This monograph will give you the procedural and evidentiary
advantages your client needs. (velo bound, includes P&H)
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- Coming in early 2000 - Medical
Evidence in Personal Injury Litigation: Daubert's Ghost ©
ISBN# 1-930263-04-X
Due to the specialized nature of medical opinion evidence, the
analysis of medical theory in medical negligence litigation requires a
different approach than the in other litigation areas. This monograph
tells you what you need to know to survive a Rule 702 challenge.
Includes a detailed analysis of handling the expert witness from either
side of the counsel table. Approximately 120 pages. ($150) pre-pub
price: $120
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- Coming in early 2000 - Obstetric Litigationă
ISBN# 1-930263-02-3
This monograph combines the pertinent medicine and the law in
a detailed "how to" approach. If you have never litigated an
obstetric malpractice case, don’t write the complaint or the answer
without reading this first. For experienced lawyers, also —learn the
"inner medicine" and extend your discovery and trial skills.
This monograph presents actual medical records and case illustrations.
Approximately 300 pages. ($300) pre-pub price: $240
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