Prosecuting and Defending Medical Malpractice Claims
Friday, October 26, 2007
- Location -
7.0 TOTAL MCLE CREDITS
The Committee on Continuing Legal Education, the Torts, Insurance and Compensation Law Section and the Trial Lawyers Section are pleased to present Prosecuting and Defending Medical Malpractice Claims.
A must for both new and experienced attorneys, this practical seminar will provide an overview of the key issues in medical malpractice litigation through a combination of lectures and practical demonstrations. Learn how to determine the relevant standard of care, how to prepare your case, how to avoid common pitfalls and how to examine expert witnesses.
Faculty members will examine critical skills involved in analyzing medical records, fact gathering, defense strategies, finding and making effective use of experts, proving the standard of care and preparation and cross-examining physician defendants and experts.
Panelists will take you step-by-step through the trial and offer invaluable insight on pre-suit activities, discovery, jury selection and judgment calculation. Opening statements, motions during trial, closing arguments and trial strategies involved in medical malpractice cases will also be discussed.
This seminar will be filled with valuable tips and useful information. Don’t miss this opportunity to learn trial strategies and techniques in medical malpractice actions from top-notch litigators.
-Initial client interview and evaluation
8:30-9:00 a.m. REGISTRATION (outside of the meeting room)
9:00-9:10 WELCOME AND INTRODUCTION
I. PREPARATION OF THE CASE
Investigating the Factual Background
— Obtaining and Examining Medical Records
— Obtaining Related Documents
— Identifying Defendants and Witnesses
Assessing and Evaluating the Malpractice Case
— Statute of Limitations
Finding, Retaining and Preparing Experts
II. PLAINTIFF'S DISCOVERY
Scope of Discovery
Discovery and Inspection of Documents
— Preparing to Depose the Defendant
— Taking the Deposition of a Non-Party
10:50-11:05 COFFEE BREAK
III. DEFENDANT'S DISCOVERY
Discovery Demands and Inspection of Documents
Defending a Defendant’ Deposition
IV. JUDICIAL PERSPECTIVE
Common Problems and Mistakes
Proper Questioning and Trial Strategy
12:45-1:45 LUNCH (on your own)
V. VOIR DIRE**
Communicating the Right Message to the Right Jury
How to Select the Most Favorable Jury
Objectives and Procedures
Challenges and Rulings
(**This segment will be "Hot Legal Topics" at the Albany program location)
2:35-2:50 COFFEE/SOFT DRINK BREAK
Cross-Examining the Medical Expert
— Qualifications and Objectivity
— Use of Authoritative Texts
— Use of Other Case Testimony
— The Expert's Attacking Opinions
VII. TRIAL STRATEGIES AND TECHNIQUES
Opening Statements - What to Include and What to Omit
Keys to a Powerful Closing
The Concept of Fair Comment
Working with Witnesses to Increase their Jury Appeal
4:30 p.m. ADJOURNMENT
Overall Planning Chair
Andrew S. Kaufman,
Syracuse: James D. Lantier, Esq.(Chair), Smith,
Sovik, Kendrick & Sugnet, P.C., Syracuse. * Anthony S. Bottar,
Esq., Bottar Leone,
Buffalo: Michael J. Roach, Esq.(Chair), Connors & Vilardo, LLP, Buffalo * John P. Danieu, Esq., Roach, Brown, McCarthy & Gruber, PC, Buffalo * John M. Dempsey, Esq., Dempsey & Dempsey, Buffalo * Laraine Kelley, Esq., Lipsitz Green Scime Cambria LLP, Buffalo * Hon. Joseph D. Mintz, New York State Supreme Court, Erie County, Buffalo * Robert B. Nichols, Esq., Paul Wiliam Beltz, P.C., Buffalo * Kathleen M. Sweet, Esq., Gibson, McAskill & Crosby, LLP, Buffalo * Brian J. Weidner, Esq., Brown & Tarantino, LLP, Buffalo.
Albany: William D. Yoquinto, Esq., (Chair), Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Albany * Timothy J. Higgins, Esq., Powers & Santola, LLP, Powers & Santola LLP, Albany* Nancy E. May-Skinner, Esq., Fager & Amsler, L.L.P., Latham* Peter J. Moschetti, Esq., Anderson, Moschetti & Taffany, PLLC, Latham * Hon. Vincent J. Reilly, Jr., New York State Supreme Court, Schenectady County * Daniel R. Santola, Esq., Powers & Santola, LLP, Albany * Jeffrey J. Tymann, Esq., Thorn Gershon Tymann and Bonanni, LLP, Albany.
Plainview LI: W. Russell Corker, Esq. (Chair), Shayne, Dachs, Corker, Sauer & Dachs, LLP, Mineola * Alan W. Clark, Esq., Alan Clark & Associates, LLC, Levittown * Alan J. Fumuso, Esq., Fumuso, Kelly, DeVerna, Snyder, Swart & Farrell, LLP, Hauppauge * Peter C. Kopff, Esq., Kopff, Nardelli & Dopf LLP, New York City * Steven E. Pegalis, Esq., Pegalis & Erickson, LLC, Lake Success * Stephen I. Widlitz, Esq., Widlitz & Stern, P.C., Huntington * Hon. F. Dana Winslow, New York State Supreme Court Justice, Nassau County, Mineola.
New York City: Andrew S. Kaufman, Esq. (Chair), Kaufman Borgeest & Ryan LLP, New York City * Hon. Eileen Bransten, New York State Supreme Court, New York County, New York City * George J. Kehayas, Esq., Garbarini & Scher, P.C., New York City * Peter C. Kopff, Esq., Kopff, Nardelli & Dopf LLP, New York City * Stephen H. Mackauf, Esq., Gair, Gair, Conason, Steigman & Mackauf, New York City * Stephen W. O’Leary, Jr., Esq., Kanterman O'Leary & Soscia, LLPJamaica * Paul Simonson, Esq., Simonson, Hess & Leibowitz, P.C., New York City.
FROM NORTH: I-87 South (Northway) to Exit 4. At end of exit turn left onto Old Wolf Road. Continue on Old Wolf Road to end and turn left onto Albany Shaker Road. At next light turn right onto Wolf Road. Hotel is ahead 1/2 mile on left. *Directly across from Olive Garden Restaurant (on right) FROM SOUTH: Travel I-87 (NYS Thruway) to Exit 24. Exit toll booth and continue for 100 yards and join I-87N (Northway) at Exit 1N. Follow I-87N for 3 miles to Exit 4 (Wolf Road-Albany Airport). At foot of exit take a right at light onto Wolf Road. The Alany Marriott will be 1/2 mile on the left. FROM EAST: Travel I-90 West to Exit B1 (alternate Route 90). Continue on I-90 for 15 miles to Exit 1N (I-87N) Exit 4 (Wolf Road). Bear right leaving exit and turn right onto Wolf Road. Hotel is ahead 1/2 mile on left. FROM WEST: NYS Thruway (I-90 East) to Exit 24. Exit toll and join I-87N (Northway) Exit 1N. Continue on I-87N for 3 miles to Exit 4 (Wolf Road). Bear right leaving exit and turn right onto Wolf Road. Hotel is ahead 1/2 on left. FROM ALBANY COUNTY AIRPORT: Bear left at first light leaving terminal, turning onto Albany-Shaker Road. Proceed east to Wolf Road, turn right (5th light). Hotel is 1/2 mile ahead on left.**Taxi/Rental cars are available at the Airport -- OR use courtesy phone at the baggage claim for complimentary shuttle service.** FROM AMTRAK STATION (Rensselaer): Leaving terminal, bear left 3 times, following signs to I-787N to I-90 West to I-87 North Exit 4 (Wolf Road). Bear right leaving exit and turn right onto Wolf Road. Hotel is ahead 1/2 mile on left. FROM DOWNTOWN ALBANY BUS TERMINAL: Leaving bus terminal, follow signs to I-787N. Take I-90 West to I-87N (Northway) Exit 4 (Wolf Road). Bear right leaving exit and turn right onto Wolf Road. Hotel is ahead 1/2 mile on left.
The last day to pre-register online was October 25, 2007.
Accommodations for Persons with Disabilities: