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Defending the radiologist in a medical malpractice action can pose unique challenges. Armed with a subsequent study evidencing the lesion, as well as an outcome, plaintiff’s attorneys and their retained experts all too often seek to persuade the jury retrospectively that there was some abnormality on earlier imaging in the same location where cancer was later diagnosed. The radiologist may also face claims that inconsistent or unexpected results were inadequately communicated through the radiology report, findings suggestive of the need for immediate or urgent intervention being untimely conveyed to the referring physician, or incomplete recommendations for follow-up. In this course, attorneys Thomas A. Mobilia and Daniel L. Freidlin discuss strategies used to defend the radiologist, and risk management approaches in preventing litigation.
I. Define the standard of care applicable to radiologists
II. Understand potential claims and theories advanced against radiologists in medical malpractice cases
III. Address discovery and trial evidence issues in radiology cases
IV. Development of defense strategies to liability claims
V. Risk management approaches
Thomas A. Mobilia is a senior partner and trial attorney at Martin Clearwater & Bell LLP, who has defended major teaching hospitals, medical practices and individual physicians in high exposure neurosurgery, obstetrical, car- diothoracic, and ophthalmology malpractice cases for over 20 years. He has also represented pharmaceutical manufacturers in products liability actions involving generic drugs.
Mr. Mobilia has defended physicians and health care pro- fessionals in disciplinary proceedings brought by the New York State Department of Health, Office of Professional Medical Conduct, and by the Office of Professional Discipline. He has counseled and represented hospitals in physician staff credentialing proceedings.
Mr. Mobilia is also a member of the Firm's Health Care Practice Group, and has defended physicians and group practices in Federal False Claims Act litigation, billing audits, and actions and investigations brought by the United States and New York State governments. Drawing on his experience as an Assistant District Attorney in the Felony Trial Bureau of the Queens County District Attorney's Office between 1990 and 1993, Mr. Mobilia has also defended law firms in legal malpractice cases involving complex criminal, RICO and civil litigation.
Mr. Mobilia's many articles on medical malpractice litiga- tion and health care law have been published in MD News, Inside Medical Liability, and professional liability insurance publications. He has also co-authored a chapter in the Legal Manual for New York Physicians, Fourth Edition, published by the New York State Bar Association and the Medical Society of the State of New York.
Mr. Mobilia is AV Preeminent® rated by Martindale- Hubbell®, which is their highest rating. He has also been selected to New York Super Lawyers annually since 2010.
Mr. Mobilia has lectured to the departments of medicine, neurosurgery, surgery, and obstetrics and gynecology of teaching hospitals and medical centers in New York on medical malpractice defense and risk management strategies. He has also been a Continuing Legal Education Lecturer on personal injury litigation. Mr. Mobilia has been a Course Instructor on "Defending Ophthalmologists in Medical Malpractice Lawsuits" at the 2012 Annual Joint Meeting of the American Academy of Ophthalmology and the Asia-Pacific Academy of Ophthalmology, and at the 2013 and the 2014 Annual Meetings of the American Academy of Ophthalmology.
Mr. Mobilia received his B.S. from Fordham University in 1982, and his J.D. from St. John's University School of Law in 1989, where he was Articles Editor of the Recent Admiralty Law Cases journal. He is admitted to practice before the New York State Courts and the United States District Court, for the Southern and Eastern Districts of New York. Mr. Mobilia is a member of the American Bar Association, the New York State Bar Association, Professional Discipline Sub-Committee and Health Care Law Section, the American Health Lawyers Association and the Defense Research Institute.
Daniel L. Freidlin joined Martin Clearwater & Bell LLP in 2002 and became Partner in 2010. Mr. Freidlin’s practice encompasses all areas of medical malpractice and professional liability defense. He has also handled matters involving general liability, professional liability, insurance law and electronic discovery. Mr. Freidlin defended major medical centers in mass tort litigation, including in the the areas of hepatitis C/HIV transmission, neurosurgery, and alleged fraudulent billing.
Mr. Freidlin’s practice includes the defense of health care professionals and hospitals in medical malpractice actions from inception through trial. He received his J.D., with distinction, in 2002 from Hofstra University and his B.A. in Pharmacy and Health Sciences in 1997 from St. John’s University. At Hofstra, he served as Research Editor for the Hofstra Law Review. Mr. Freidlin's legal experience is complimented by his experience as a pharmacist prior to joining MCB.
He is admitted to practice before New York state courts, and the United States District Court for the Southern & Eastern Districts of New York.
This presentation was excellent. Thank you.
This was a very technical course.
Very good presentation
Fantastic presenters, both substance & delivery.
Interesting PI seminar.
good to have educ on specific specialties within med mal cases
Well paced and informative.
This was an interesting and easy to follow lecture which covered a quite dense topic.
The speakers were very knowledgeable.
The material in this presentation was very thorough and relevant.
Excellent summary of the area
Illuminating in the detail to which the lecturers discuss the technical ways in which a radiologist can be open to liability beyond the simply failing to read the imaging correctly, such as failing to effectively communicate to the physician in time, or failing to recommend the next level of radiological study. Clearly presented and extremely interesting material and analysis by the lecturers.
loved the content!!
Well presented and very interesting!