Medical malpractice cases are among the most complex personal injury cases to litigate. This introductory course provides a 360 degree review of medical malpractice litigation from inception to trial.
Here, attorneys Richard Abend and Josh Silber examine when to pursue certain cases and, even more important, when to reject a case. They discuss how to identify the proper parties and the appropriate standard of care. They then focus on how to prepare a case pre-suit and pre-trial, focusing on avoiding common pitfalls.
Mr. Abend and Mr. Silber also examine finding quality expert witnesses and preparation before trial, as well as the cross-examination of physician defendants and experts at deposition and trial. Finally, they review the anatomy of a medical malpractice trial from jury selection to summation.
I. Determine what qualifies as medical malpractice
II. Understand medical records
III. Find and work with expert witnesses
IV. Comprehend the way statutes of limitations are generally calculated in relation to medical care
V. Grasp the elements of various malpractice cases
VI. Gain insight about proximate causation
VII. Assess the client’s damages
VIII. Review the general pleadings and discovery and the basics of trial preparation
IX. Develop techniques for depositions of parties and experts
Richard Abend has extensive experience in a broad variety of civil litigation matters. As an experienced litigator he is qualified to handle any and all civil and commercial litigation matters. Throughout his career he has represented injured persons and victims of malpractice (medical malpractice and legal malpractice), corporations, property owners, uninsured doctors and hospitals. Mr. Abend has successfully litigated hundreds of cases and tried multiple cases to a jury verdict. In addition to his litigation practice, Mr. Abend represents clients in a broad range of practice areas including real estate transactions and estate administration.
Mr. Abend graduated from the University of Rochester and received his law degree from Brooklyn Law School, where he served as the notes and comments editor for the Brooklyn Journal of International Law. He is admitted to the bars of New York and Connecticut as well as the United States Courts for the Eastern and Southern Districts of New York and member of the American Bar Association, New York State Trial Lawyers Association and New York County Lawyers Association. Additionally, he serves as a Moot Court Judge for the American Association of Justice and the National Institute for Trial Advocacy student trial advocacy competition. Mr. Abend also serves as general counsel to Jeff-Lew Properties, Inc. a private commercial real estate firm located in New York. Recently, Mr. Abend volunteered to perform pro bono work for the NYCLA Mortgage Foreclosure Project helping local homeowners avoid foreclosure.
Josh Silber has extensive experience in a broad variety of civil litigation matters. As an experienced litigator he is qualified to handle any and all civil and commercial litigation matters. Josh began his career representing plaintiffs in medical malpractice cases, having litigated and tried many medical malpractice cases since being admitted to the bar. Treating each case and each client as if they were his most important and as if each case were going to trial, Josh has earned a reputation as well liked and well respected among his clients, judges and fellow lawyers. Having been trained and "brought up" in the complicated medical malpractice arena, Josh has developed skills that allow him to handle all types of litigation cases, from accidents involving substantial injuries to complicated commercial litigation cases.
Josh has frequently served as "counsel to the profession" or trial counsel to other firms and lawyers. In addition, he has acted as "local counsel" to law firms in other jurisdictions with litigation clients in New York. On several occasions Josh has represented lawyers or doctors involved in disciplinary proceedings and, if uninsured, in malpractice cases. Josh has been appointed by the Chief Administrative Judge of the New York State Supreme Court in Manhattan to serve on the Court's Malpractice Case Management Committee. He has also been designated as a mediator in numerous malpractice cases involving uninsured or bankrupt hospitals, helping plaintiffs and defendants reach amicable settlements on these cases which languished for many years before his involvement. Josh has been directly involved in numerous multi-million dollar verdicts and millions of dollars in settlements for his clients.
In addition, Josh serves as president of a large Manhattan cooperative apartment corporation. In this capacity and on behalf of his clients he has been involved in numerous real estate litigation matters and closings.
Josh received a bachelor's degree from the State University of New York College at Brockport in 1993 and received his law degree, with honors, from the University of Miami Law School in 1996. He is admitted to practice law in New York, New Jersey and Florida as well as the United States District Courts in the Eastern and Southern Districts of New York and the District of New Jersey. Josh is a member of the New York State Trial Lawyers Association (NYSTLA), American Bar Association (ABA) and the American Association for Justice (AAJ). He has frequently been asked by the ABA and AAJ to participate in their student trial and appellate advocacy competitions, where he has served as judge for the past five years.
The lecture was informative
I thought both were very good and not boring. They were entertaining and competent to listen to ; a rare combination. I would very much like to see them do a deposition presentation.
Thank you Lawline.
I found the course to be highly informative, professional and well-structured.
Both Lawyers made very professional presentations and worked well together in presenting. There is a great deal to know in handling medical malpractice cases, and to their credit, the faculty acknowledged the limitations of this single course. but it was a very solid introduction.
Nice general program on medical malpractice.
All of the information presented is highly useful. Thank you so much.
This was an extremely basic course, suitable for new lawyers. It was enjoyable, but I wouldn't have taken it, if I knew it was a beginner's lecture. The speakers were great.
Good trial prep for PI cases.
Great supplemental materials.
Great CLE! Thank you!
One of the best lectures I have listened to so far. Excellent insights!
In my opinion the presenters make a great team. They delivered salient information in a concise manner. Thank you.
Very informative. Excellent style of presentation.
Good speakers, practical considerations.
These two attorneys were terrific. Very pragmatic advice and tips. Would call them first if a plaintiff's medical malpractice attorney was needed by me or my family.
Outstanding...but beware of thinking I can do med mal after an hour and a half.
Great program. Very practical and right on point.
Excellent interplay between instructors.
Richard and Josh are fantastic.
presenters were extraordinarily knowledgeable in their med mal field
The attorneys covered a lot of useful material. Thank you.
Really liked these guys, they were good -- style was enjoyable and good substance!
These two attorneys were excellent presenters
Medical malpractice is not my general area of practice, however, I have taken a case and the information contained in this course was very informative. Thank you.
One of the best courses I have ever taken.
Outstanding program, extremely cohesive and informative
Incredibly helpful and informative - fantastic insight! Thank you!
Good basic overview from knowledgable presenters. thanks.
I refer all my personal injury and med mal cases to Richard and Josh. They are the best and have gotten us GREAT results.
so interesting--I took lots of notes.
Very thorough. Lot's of great stuff for investigation possible malpractice.
Very informative and engaging.
very good, worth taking
This was actually one of the best courses I have ever taken. The presenters were obviously knowledgeable, prepared, and worthwhile.
The 2 speakers were very informative. These particular 2 speakers were very engaging in audio format.
Succinct and superb!
excellent re case selection
The two lecturers made a good team and the presentation was clear with great examples, practical explanation of real life problems such as how to try to find doctors to serve as expert witnesses, being careful about statute of limitations issues, how to get medical standard of care from college of internal medicine, NOT just general concepts without specifics on how it actually gets done in practice, but real professional practice knowledge being shared by the lecturers here.
Really a fabulous presentation. The supplemental PDF is the best I've seen so far. Thank you so much for sharing all the forms! Not my practice area, but really appreciate the generosity. I will certainly call you if a NY case comes my way (I'm down in Florida). Thank you!
Well done. If there were "5"s on the rating scale I would give it 5 stars.
This was a very good lecture.
I thought that the presentation was excellent!!! I have a slant on the issue because my prior firm did mostly defense work in med mal cases!!! These attorneys seem to be very careful in evaluating cases and selecting cases where they can prove medical malpractice--requiring solid evidence of malpractice before they sue the physician!!! That approach makes sense and seems fair!!!
Excellent discussion. Very knowledgeable and interesting speakers.
These guys knew what they were talking about.
Very interesting. Very informative. Good, learned experienced speakers.
Subject was large enough to have supported many more hours of discussion
Superb explanation of fundamentals of medical malpractice cases. Great course. Very effective to have the two name partners present the course.
VERY VERY VERY...good.
Well presented introductory medical malpractice program-
Outstanding discussion between medical malpractice partners regarding case selection and discovery. Wish course had more time (or credits) devoted to trial preparation and execution. As a plastic surgeon (in training) and as a New York attorney, I found
Useful discussion' extensive handout.
Another well presented subject; speakers on point and practical.
very complete overview of this type of claim
I appreciated their style. I felt like I was honored to have a sit down session with two seasoned practitioners, which I appreciated more than listening to a lecture. Their love for their subject matter was apparent. To them, thank you for taking the t
Very good guide to med mal.
Presenters were knowledgeable and articulate. Great practice tips
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