The Writer's Guide to the Courtroom by Donna Ballman

Author:Donna Ballman
Language: eng
Format: epub
Publisher: Behler Publications, LLC

“If Dr. Salisbury did not puncture the aorta with the rongeur, could not have, as you have testified, what might have caused it to rupture?”

“We call it spontaneous aortic aneurysm.”

In To Speak for the Dead, Paul Levine shows that he researched the medicine and the law when he wrote his legal thriller on a murder connected to a medical malpractice case. Medical malpractice litigation involves expert testimony on the specifics of the medicine. You don't need to be an expert, though, when you write. A good place to start on your medical research is another book in this series, Body Trauma, A Writer's Guide to Wounds and Injuries by David Page, M.D. Dr. Page details much of what you need to know about how the body works and what can go wrong with your character's body.

Expert testimony makes medical malpractice cases expensive. Other factors can make them even more difficult.

Many states have passed tort reform bills that relate to medical malpractice claims. Some shorten the statute of limitations or create presuit requirements. Your character could miss a key deadline or fail to jump through a pre-suit hoop and end up with the client's case dismissed even if medical malpractice occurred. Some require an expert to certify that negligence occurred as part of the suit. Many states cap (set a maximum amount that can be awarded for) non-economic damages (such as the value of the person's life or limb, loss of enjoyment of life, pain and suffering, and loss of consortium). Many states cap punitive damages, and some cap all damages. For example, your character could be stuck with a $100,000 maximum award for her daughter's care when the hospital turns her into a quadriplegic. How does she afford the millions in medical treatment? Does she end up seeking government assistance?

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.