Litigating Medical Malpractice Claims

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					21st Annual ALI-ABA Course of Study
Explores Plaintiffs’ and Defendants’ Perspectives

Litigating Medical Malpractice Claims

Thursday-Saturday, September 28-30, 2006
Boston (Langham Hotel)
Also available as a LIVE webcast at your desktop! See within for details.

             SCOPE AND PURPOSE
This annual course of study, comprising more than 16 hours of instruction,
is designed to enable litigators with limited trial experience in medical
malpractice cases to meet the difficult challenges of such cases. More
experienced practitioners and attorneys who have attended prior programs
may benefit from a review of trial theories, analytical sessions with
physicians, and an update of the law. The course presents faculty from several
jurisdictions, both practitioners and academics, who offer the perspectives of
both plaintiffs and defendants.
    Malpractice cases are characterized by complex fact patterns, the need for
proficiency in one or more fields of medical expertise, a central role for
expert testimony, conflicts among co-defendants, a large damage potential,
and unique opportunities for the presentation of demonstrative evidence.
                                                               (Continued within)

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     Building upon a review of the established and emerging theories of
liability, the faculty examines the critical skills involved in preparation and trial:
medical records analysis; fact gathering; concerns and strategies of the defense,
including multiple defendant situations; particular problems of hospitals;
finding and making effective use of experts; proving the standard of care; and
preparation and cross-examination of physician defendants and experts.
     This year’s program features medical perspectives on ascertaining the
standard of care and proximate cause. A panel of prominent physicians discusses
clinical decision-making and the determination of standards of care in internal
medicine, obstetrics and gynecology, otolaryngology, and alternative medicine.
     A separate panel addresses predictable reactions and decision
processes of juries in medical malpractice cases. Accomplished lawyers
discuss the implications of studies about jury decision-making, the
optimal ways to design demonstrative evidence to teach and persuade, the
benefits and limitations of attitude research, and the use of jury analysts.
A final panel examines trial strategy, including the use of opening
statements, motions during trial, and closing arguments.
     Attention is given to practical advice and strategic issues related to
claims made against managed care organizations.
     A full two hours are devoted to ethics, this year examining alternative
medicine, innovative therapies, and human experimentation. Time is
reserved throughout the program to address registrants’ written questions.
         P L A N N I N G C H A I R S (also on faculty)
Frank M. McClellan, Professor, James E. Beasley School of Law, Temple
  University, and Eaton & McClellan, Philadelphia
Stephen S. York, McAloon & Friedman, P.C., New York
                               FAC U LT Y
Brian E. Appel, Law Office of Brian E. Appel, Philadelphia
Janet J. Bobit, Hunter & Bobit, P.C., Boston
Robert W. Casby, Sugarman and Sugarman, P.C., Boston
Allen T. Eaton, Eaton & McClellan, Washington, D.C.
Richard S. Eisenstaedt, M.D., Board Certified Oncologist and
  Hematolgoist and Medical Director, Abington Memorial Hospital,
  Abington, Pennsylvania
Philip J. Foley, Ogden & Sullivan, P.A., Tampa
Sezelle A. Gereau, M.D., Attending Otolaryngologist and Clinical
  Instructor, Children’s Hospital of New York, and The Center for Health
  and Healing, New York
Phoebe A. Haddon, Professor, James E. Beasley School of Law, Temple
  University, Philadelphia
Francis L. Hutchins, Jr., M.D., Professor, Obstetrics and Gynecology,
  Drexel University College of Medicine, Philadelphia
Arthur H. Patterson, Ph.D., Senior Vice President, DecisionQuest, State
  College, Pennsylvania
Jodi M. Petrucelli, Sugarman and Sugarman, P.C., Boston
David Gary Smith, M.D., Program Director, Internal Medicine Residency
  Program, Abington Memorial Hospital, Abington, Pennsylvania
Mary E. Wiss, Judge, Superior Court of California, San Francisco
             P R O G R A M (subject to minor change)
Thursday, September 28, 2006
 8:00 a.m. Registration and Continental Breakfast
 9:00 a.m. Introductory Remarks and Course Overview
 9:15 a.m. Overview — Medical Malpractice Litigation: Myths and Facts
  — Professor McClellan
 9:45 a.m. Liability Theories against Physicians, Hospitals, and
  Managed Care Organizations — Professor McClellan
10:30 a.m. Networking Break
10:45 a.m. Special Problems of the Hospital as Defendant: Corporate
  Liability and Nursing Malpractice — Messrs. Appel and York
11:15 a.m. Defense Perspectives and Strategies — Messrs. Appel and York
12:00 noon Questions and Answers
12:15 p.m. Lunch Break
 1:30 p.m. Protocols in Drug and Product Cases — Mr. Eaton
 2:15 p.m. Evaluation: Cases To Take and Cases To Avoid — Messrs.
  Appel, Casby, Eaton, and York
 2:40 p.m. Developing the Case for the Plaintiff — Mr. Eaton
 3:00 p.m. Networking Break
 3:15 p.m. Developing the Damage Case for the Plaintiff; Use of
  Demonstrative Evidence — Ms. Petrucelli
 4:15 p.m. Medical Records Analysis: A Case Study — Mr. York
 4:45 p.m. Questions and Answers
 5:00 p.m. Adjournment for the Day
Friday, September 29, 2006
 8:00 a.m. Continental Breakfast
 8:30 a.m. Developing the Case for the Defendant — Mr. York
 9:15 a.m. Preparing To Take the Physician’s Deposition — Mr. Casby
 9:35 a.m. Preparing the Physician for Deposition — Ms. Bobit
10:00 a.m. Networking Break
10:15 a.m. Finding and Working with the Medical Expert — Messrs.
  Casby and Foley
11:00 a.m. Presenting Expert Testimony at Trial — Judge Wiss
11:30 a.m. Preparing To Confront the Opposing Expert — Ms. Bobit and
  Messrs. Casby, Foley, and York
12:00 noon Questions and Answers
12:15 p.m. Lunch Break
 1:30 p.m. The Functions and Performance of Juries in Medical
  Malpractice Cases — Dr. Patterson
 3:15 p.m. Networking Break
 3:30 p.m. Trial Strategy Panel Discussion on Opening Statements,
  Motions during Trial, and Closing Arguments; View from the Bench
  — Judge Wiss and Faculty Panel
 4:45 p.m. Questions and Answers
 5:00 p.m. Adjournment for the Day
Saturday, September 30, 2006
 8:30 a.m. Continental Breakfast
 9:00 a.m. Clinical Decision-Making; Internal Medicine; Obstetrics and
  Gynecology — Drs. Eisenstaedt, Hutchins, and Smith
10:00 a.m. Networking Break
10:15 a.m. Ethical and Legal Issues in Alternative Medicine, Innovative
  Therapies, and Human Experimentation — Dr. Gereau and Professor
11:15 a.m. Panel Discussion on Ethics — Professor McClellan and Faculty
12:15 p.m. Questions and Answers
12:30 p.m. Adjournment
Total 60-minute hours of instruction: 16.25, including two hours of

         Note: This course also is available as a LIVE webcast at your desktop!
   Go to for detailed information about participating
     in ALI-ABA’s live webcasts. For group webcasts, please email Ruth Johnson at for registration instructions and tuition discounts.

Tuition for this course is $1,095. Tuition entitles registrants to admission to all sessions, a set of study materials,
and Continental breakfasts and refreshment breaks daily. To register, simply return the form provided, with
payment; or register with a credit card by:
• Phone: 800-CLE-NEWS (800-253-6397)
• FAX: 215-243-1664
• Internet:
Registrations will be accepted at the door if space is available, but please call in advance to avoid disappointment.
All course accounts must be settled by the first session of the course to ensure admittance to the classroom.
      Recent law school graduates (within the past two years) and retired senior lawyers (65 and over) are eligi-
ble for a 50% tuition discount and should include a note explaining their eligibility. Discounts may not be
      Services for Persons with Disabilities: If special arrangements are required for an individual with a disability
to attend this program, please inform ALI-ABA of any special needs at least two weeks in advance.
Cancellations received no later than September 25 will be honored and tuitions refunded, less a $50 cancella-
tion fee. Cancellations received by noon September 27 also will be honored and tuitions refunded, less a $100
cancellation fee. Telephone cancellations (800-CLE-NEWS) will be honored under the above time limits and
terms, but all refund requests must be confirmed in writing by mail, by FAX (215-243-1664), or by e-mail (reg-
A limited block of rooms has been reserved at the Langham Hotel. Room rate: $240 per night, single or double
occupancy. These rooms will be held as a block, unless exhausted, until September 6, at which time they will be
released to the general public. Registrants must make their own hotel reservations and indicate that they are
attending the ALI-ABA Course of Study to qualify for rooms in the block.
      Room reservations may be made by calling or writing to the Langham Hotel Boston, 250 Franklin Street,
Boston, MA 02110; phone (617) 451-1900 or (800) 791-7764; FAX (617) 422-5163. Confirmations will be sent
by the hotel. Please read the cancellation policy carefully.
For ALI-ABA discounted airfares, please call UNITED at (800) 521-4041, re: File #535DG. Restrictions may
Tuition assistance for ALI-ABA courses, based on need, is available on application. We are particularly inter-
ested in applications from minority lawyers, public interest lawyers, government lawyers, and recently admitted
solo practitioners. To apply, please request an application form from ALI-ABA, or go to
ba/form_TA.asp. All applications must be received no later than three weeks before the course begins. Appli-
cations must be accompanied by a $25 nonrefundable processing fee (waived for full-time J.D. candidates).
Virtually all ALI-ABA Courses of Study are fully accredited in mandatory continuing legal education (MCLE)
jurisdictions (including New York and Pennsylvania) for varying numbers of credit hours. To obtain specific
information on CLE, CPE, or other professional accreditation of this course, please contact ALI-ABA, or go to
For further information write Alexander Hart, Director, Courses of Study, ALI-ABA, 4025 Chestnut Street,
Philadelphia, PA 19104-3099; or telephone (215) 243-1630 or (toll free, U.S. and Canada only) (800) CLE-
NEWS (253-6397), extension 1630. To view full details and updates and/or register online, please go to
                                                                            Here’s what registrants said about last year’s presentation of this course:
                                                                            “In a word: fantastic. This was an excellent seminar with very insightful
                                                                               and diverse perspectives. The idea of having doctors and psychologists
                                                                               on the panel was brilliant. I’ve learned so much that goes into
                                                                               practicing med mal that has nothing to do with black-letter law; I can
                                                                               only hope that I’ll be a better attorney as a result. I’ll definitely
Meet your CLE requirements NOW with new online courses at

                                                                               recommend this seminar to my colleagues. I’ve been to five ALI-ABA
                                                                               seminars and all have been quite good — much better than [others].”
                                                                            “I greatly enjoyed this program. I was very impressed with the caliber of
                                                                               the speakers. More importantly, I learned many things that will have
                                                                               practical application in my practice.”
                                                                            “Excellent presentations on preparing the case for both sides, ethics, and
                                                                               jury selection. Also the variety of topics kept it interesting and was
                                                                               thought-provoking. Presenters were enthusiastic and seemed to be in
                                                                               tune with current trends.”
                                                                            “Thank you for such an outstanding program, highly qualified faculty,
                                                                               impressive presentations and informative course. I loved it!”

                                                                                             NETWORKING OPPORTUNITIES
                                                                             Networking is an important reason to attend this and every other ALI-ABA
                                                                             course of study. The registrants for last year’s presentation of this course came
                                                                             from 34 states!

                                                                            CAN’T ATTEND? ORDER THE STUDY MATERIALS!
                                                                            A book of specially prepared study outlines and related material will be distrib-
                                                                            uted at the course site. To order these materials separately for $149, please use
                                                                            the form provided; shipping and handling are free!

                                                                             AUDIO mp3 CD-ROMs and AUDIOCASSETTE TAPES of this course will be
                                                                             available with the study materials approximately four to six weeks after the
                                                                             program for about one-half the tuition. Recordings are nonreturnable, but
                                                                             will be replaced if defective. To order, please see the form; shipping and han-
                                                                             dling are free!

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                                                                                    OTHER ALI-ABA COURSES OF STUDY
                                                                            Trial of a Patent Case
                                                                                September 28-29, 2006, Chicago
                                                                            Electronic Records Management and Digital Discovery
                                                                                October 26-28, 2006, Boston
                                                                            The Art and Science of Serving as a Special Master in Federal and State Courts
                                                                                November 2-3, 2006, San Francisco
                                                                            Asbestos Litigation in the 21st Century
                                                                                November 30-December 1, 2006, New Orleans
                                                                            Advanced Employment Law and Litigation
                                                                                November 30-December 2, 2006, Washington, D.C.
                                                                            Trying and Winning a Civil Antitrust Case
                                                                                December 7-8, 2006, Washington, D.C.
                                                    Litigating Medical Malpractice Claims • September 28-30, 2006, in Boston
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                                                          Also available as a LIVE webcast at your desktop! See within for details.
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