Medical Malpractice: The Failure to Diagnose Case

(1265 Ratings)

Produced on: August 27, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 64 minutes
Difficulty Beginner

Perhaps the most common type of case presented to a medical malpractice attorney involves the failure to diagnose, or diagnose in a timely fashion, a medical condition or disease. In this course, attorneys Jason Rubin and Philip Rossotti provide an overview of the handling of this type of case from inception to trial. Additionally, they offer examples of successful trial techniques, including those for cross-examination.

 

Learning Objectives: 

I.     Define the elements of a prima facie case

II.    Understand the steps to the initial investigation, evaluation, and workup of the case 

III.   Identify the resources available to understand and investigate the medico-legal issues involved in the case 

IV.   Develop strategies for the defendant doctor’s deposition, jury selection, and for trial

Faculty

Jason Rubin

Wingate, Russotti, Shapiro & Halperin, LLP

Since the start of his legal career in 1993, Mr. Rubin has specialized exclusively in representing plaintiffs in medical malpractice cases. He started at the firm of Wingate, Russotti, Shapiro & Halperin in 2001 and has been a partner since 2008.

 

During the course of his career, Mr. Rubin has successfully handled virtually every type of medical malpractice case including those involving a failure to diagnose; surgical error; anesthesiology error; medication errors and over-administration; obstetrical malpractice. From 2010-2014, Mr. Rubin was recognized as a Super Lawyer in the area of medical malpractice.

 

After graduating receiving a B.A. in Economics from the University of Michigan in 1990, Mr. Rubin earned his J.D. degree from Emory University School of Law in 1993.   He is admitted to practice in the State of New York (1994) and in the United States District Courts for the Eastern, Southern and Northern Districts of New York. 

Philip Russotti

Wingate, Russotti, Shapiro & Halperin, LLP

Phil graduated from St. John's Law School in 1973 and was an Assistant District Attorney in New York County under Frank Hogan and Robert Morgenthau until 1980. When he left, he was Chief of a Supreme Court Trial Bureau, where he supervised and taught trial advocacy to thirty assistant district attorneys who were responsible for trying some of the most serious crimes in the city. Since that time he has been in private practice, concentrating on representing individuals injured by negligent conduct.

 

Phil has tried every type of civil case including medical malpractice, products liability, construction accidents, premises liability, police brutality and automobile cases. He has been recognized by his peers as a Super Lawyer every year since 2007, an honor which represents true recognition of accomplishment in the field by one's peers. In 2014, he was inducted into the N.Y. Law Journal/ ALM Medical Malpractice Hall of Fame. This recognition was due to his obtaining 3 of the top 25 highest verdicts/settlements in medical malpractice cases in the past 5 years in NY State. Only 17 firms were recognized and only one other attorney had 3 cases within the top 25.

 

Phil is on the Executive Committee and Board of Directors of the New York State Trial Lawyers Association. He also serves as a Dean of the N.Y. State Trial Lawyers Institute where he teaches trial practice. He is a member of the New York State Bar Association, and is a sustaining member of the American Association for Justice. He lectures on trial practice, has the highest rating of AV by Martindale Hubbell, is featured in Who's Who in American Law and is recognized by the Million Dollar Advocates Forum.

Reviews

MB
Melissa B.

The reading of the transcript was quite helpful.

LL
Lois L.

Attorney line of questioning re biopsy should have been objected to at trial

TN
Tudor N.

This guy sounds like a legit trial lawyer.

MO
Michael O.

War stories.

DW
David W.

Excellent program. Simply outstanding!

MR
Michael R.

Great CLE

BH
Bill H.

great strategy

RR
Ryan R.

The course does a good job figuring out how to approach equivocating witnesses.

BC
Barbara C.

Excellent program. Both speakers were outstanding on this topic.

MT
Mary B T.

Very knowledgeable professionals.

EL
Elyssa L.

Great presenters and presentation. Possibly the best CLE I've ever taken!

CO
catherine o.

best clé hour i have ever had

ST
Susan T.

EXcellent!

RW
Rodrick W.

Very good presentation-informative and extensive.

MA
Martha A.

Excellent excellent seminar and really enjoyed example!

DS
Deborah S.

Just Excellent!

TR
Tracie R.

Great session! I liked the use of concrete examples. This is helpful for those of us who don't know much about med mal.

SK
Susan K.

Excellent presentation

SE
Steven E.

Excellent program. Both attorneys were terrific.

ST
Scott T.

I'm not that interested in medical-malpractice cases but this presentation was remarkably entertaining and informative!

CM
Cynthia M.

Great, well-organized. Love the actual trial examples.

JS
Jeannie S.

Excellent, thorough presentation!

TL
TARA L.

I always prefer two panelists more than one - I find it more engaging. I thoroughly enjoyed the specific case analysis and component breakdown in this presentation.

TA
Thomas A.

Very good presentation.

SA
Stephanie A.

I really liked the demonstration of the cross-examination and the clarity of the intent of the repetitious questioning.

SR
Scott R.

Had me on the edge of my seat.

CB
Catherine B.

I LOVE nuts and bolts, "anatomy of a case" courses. Keep them coming!

MM
Matthew M.

great presentation, extremely practical

LB
Louise B.

great cross exam techniques

RD
Rebekah D.

Great presentation. Thank you.

GM
Gerard M.

speakers were were excellent program was very informative I would look to other lectures by these speakers

DD
David D.

Very informative

KS
Kenneth S.

Had me on the edge of my seat. Great!

EC
Ellen C.

Very practical guidance!

SG
Shela G.

I liked his use of real examples.

AB
Andrew B.

Very informative and learned a lot.

SF
Susana F.

Excellent

RL
Rochelle L.

The speakers were dynamic and engaging. Their interaction enhanced this presentation. I enjoyed and learned.

JK
John K.

This course was so good that I was very sorry when it ended - I wanted to hear more about the Baker's cyst that turned out to be cancer!

WG
William G.

This was a really fun course that was quite well presented.

RC
Richard C.

Excellent presentation- The time allotted only scratched the surface. The material could have supported an entire course, The colloquy for proof on trial was extremely effective.

JL
Jennifer L.

Thank you for giving a real life example rather than just a generic lecture and war story. The use of the trial transcript to teach cross examination of a physician provided invaluable information.

SB
Susan M. B.

Discussion re specific case was wonderful. Both speakers were great. Well organized. Very interesting topic

DR
Dane R.

Fantastic course. Must see. Every word is excellent. Broad applicability. Great.

RB
Ronald L. B.

absolutely wonderful presentation and content

ST
Suzanne T.

Best presentation in the bundle.

CP
Caroline P.

very interesting and well presented

JB
Jerod B.

I liked the case example

NP
Nirav P.

outstanding presentation that gives a great case example with actual deposition testimony. as a surgeon and as an attorney, I found this presentation exceptionally high yield!

RC
Richard C.

anm excellent presentation!

DG
Deborah G.

Compelling presentation

SB
Sandra B.

Exc3ellent

RD
Robert D.

good practical information---dual speaker format worked well.

HD
Houman D.

Excellent Speakers!

RD
Ryan D.

Thank you.

BM
Bonnie M.

great presentation

DD
David D.

Detailed trial explanations

KA
Kevin A.

Very good presentation.

SB
Suzanne B.

Very well presented. Lots of salient points. Thank you.

TF
Thomas F.

Very interesting subject and knowledgeable speakers

JB
Jean B.

Very thorough, and great trial practice lesson on cross-examining the physician

EC
Edward C.

Excellent

DS
Danielle S.

Excellent presentation. Very helpful going over the transcript.

DD
Dale D.

Very good presentation

DR
Debbi Ann R.

This course was very informative. I have an employment background in Heath Care specifically in sugery, and the course materials were presented in such a fashion thus enhancing my surgical knowledge. Very well presented.

TB
Thomas B.

The presenters provided a very good overview of the elements of malpractice and failure to diagnose. It was very effective to link these elements with the cross examination of a specific case.

PM
Patricia M.

Excellent!!!

TS
Teresa S.

Excellent presentation - very helpful. Mr. Russotti is a great teacher.

MO
Michael O.

Lecture was concise and to the point.

RM
Robert M.

This was a great practical approach to medical malpractice cases. The trial techniques are also useful for other types of cases as well. Great lecture!

LS
Layla S.

Appreciated the supplemental materials, especially the transcript, very easy to follow.

CK
Chae Young K.

Good.

NS
Nancy S.

Interesting and fun.

EM
Erin M.

Excellent.

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