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Trials, settlements, and arbitration: The plaintiff's perspective
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CURRENT LITERATURE sepsis induction). In conclusion, this study indicates that administration of DHEA restores the depressed function of splenocytes as well as splenic and peritoneal macrophages in male mice. In addition, the mortality rate among DHEAtreated groups were significantly lower compared with the control group.-A.F. HERRERA
Reprint requests to Dr Martello: Pasadena, CA 91030.
Reprints request to Dr Chaudry: Center for Surgical Research, Rhode Island Hospital, Middle House II, 593 Eddy St, Providence, RI 02903.
Dentofacial Deformities: Integrated Orthodontic and Surgical Correction. Vols 3, 4 (ed 2). Epker BN, Stella JP, Fish LC. St Louis, MO, Mosby-Year Book, 1998, 1999, 1741 pages, illustrated, $298.00.
Trials, Settlements, and Arbitration: The Plaintiffs Perspective. Horan DW. Clin Plast Surg 26:93, 1999 Most negligence cases are settled. Statistics nationwide indicate that approximately 82% to 87% of cases that survive initial legal challenges by the defense, and continue through the end of pretrial discovery, settle before a jury is picked. Approximately another 5% to 7% settle some time between the time that a jury is picked and the verdict is announced. The amounts of plaintiffs’ verdicts are usually high, and it can cost the defense much more to try a case than to settle it. The more clear cut the negligence is (deviation from standard of care) the less likely that a jury may become distracted by problems with the proximate cause of the case, and the more likely that jury will return a high award. Proximate cause simply means that the negligence directly caused an injury to the plaintiff that is compensible. Even if a mistake were made by a health care provider, the case cannot be won by the plaintiff until it can be proved that the negligence resulted in damages. Damages awarded include lost wages, medical expenses, and compensation for pain, suffering, and disability. Most plaintiffs do not favor arbitration because of the element of uncertainty-a jurycombined with the element of exclusivity, usually favoring a defendant.-R.H. HAUG Reprint 63144.
requests
to Dr Horan:
8816
Manchester
#402,
St Louis,
MO
Trials, Settlement and Arbitration: The Defendant’s Perspective. Martello J. Clin Plast Surg 26:97, 1999 Mediation (rather than arbitration) is more common in personal injury cases. Mediation is the coming to a consensus about damages. Arbitration is basically a controlled, predetermined forum for dispute resolution, but it does not occur frequently in medical malpractice cases. Advantages of arbitration include the quick processing of malpractice claims and reduction of claims handling costs. Before you consider settling a case, determine whether your malpractice insurance premiums will be effected. Some insurance carriers have a provision in their contracts that states they may settle malpractice cases without permission of the physician sued. One question that remains is whether settlement is an admission of incompetence. Yet, the physician, defense attorney, and physician’s independent personal attorney must also gauge the potential danger of not settling the case. According to the advice of one attorney “settle those cases in which the potential for damage is great and your liability is eit.aer clear or marginal.” If you have not settled the case and have not participated in mediation or arbitration, it is likely that your case will come to trial. Knowledge, preparation, and planning can greatly increase a physician’s chance of success in a medical malpractice trial. The advice of a good, reputable, and trusted attorney is invaluable in these circumstances.-R.H. HAUG
1719 Fremont
Ave, Suite 203, South
New Book Annofations
These 2 volumes, combined with the previous 2, provide an extensive and detailed presentation of the surgical and orthognathic correction of the various dentofacial deformities. Volume 3 contains sections on the treatment of conditions common to Class I, II, and III deformities; secondary cleft lip and palate dentofacial deformities; and rhinoplasty combined with orthognathic reconstructive surgery. Volume 4 deals with autogenous tissue harvesting techniques, asymmetric dentofacial deformities, associated temporomandibular disorders, distraction osteogenesis, dental implants, and dentofacial deformities associated with syndromes. In each chapter the step-by-step approach to presurgical orthodontics, presurgical planning, the surgical procedure, and postsurgical orthodontics is described. Management of Temporomandibular Disorders and Occlusion (ed 4). Okeson JP. St Louis, MO, Mosby-Year Book, 1998,638 pages, 785 illustrations. As in the past, this book presents a practical approach to the management of temporomandibular disorders based on sound scientific principles. The text is divided into 4 main sections related to functional anatomy, etiology and identihcation of functional disturbances in the masticatory system, the treatment of functional disturbances of the masticatory system, and occlusal therapy. The emphasis throughout is on an understanding of the problems involved and a rational approach to their management based on the achievement of the established treatment goals. Contemporary Oral and Maxillofacial Surgery (ed 3). Peterson LJ, Ellis E, Hupp JR, et al (eds) with 11 contributors. St Louis, MO, Mosby-Year Book, 1998, 797 pages, 1072 illustrations, $69.00 This textbook presents the fundamental principles of surgical and medical management of oral surgery problems. The entire book has been reviewed and updated. Among the changes are refinements in the recommendations related to disease transmission, alterations in the chapters on postoperative management and surgical complications, a deemphasis on advanced preprosthetic surgery and an increased emphasis on dental implantology, and a revision of the material on infections and dentofacial deformities. Although designed primarily as an instructional text for dental students, it is sufficiently comprehensive to serve as a reference for residents as well as established practitioners, Color Atlas of Temporomandibular Joint Surgery. Quinn PD (ed) with three contributors. St Louis, MO, Mosby-Year Book, 1998, 254 pages, 642 illustrations. Although the emphasis in this atlas is on the surgical management of temporomandibular joint disorders, it stresses the need for clearly recognizing those patients with
CURRENT LITERATURE sepsis induction). In conclusion, this study indicates that administration of DHEA restores the depressed function of splenocytes as well as splenic and peritoneal macrophages in male mice. In addition, the mortality rate among DHEAtreated groups were significantly lower compared with the control group.-A.F. HERRERA
Reprint requests to Dr Martello: Pasadena, CA 91030.
Reprints request to Dr Chaudry: Center for Surgical Research, Rhode Island Hospital, Middle House II, 593 Eddy St, Providence, RI 02903.
Dentofacial Deformities: Integrated Orthodontic and Surgical Correction. Vols 3, 4 (ed 2). Epker BN, Stella JP, Fish LC. St Louis, MO, Mosby-Year Book, 1998, 1999, 1741 pages, illustrated, $298.00.
Trials, Settlements, and Arbitration: The Plaintiffs Perspective. Horan DW. Clin Plast Surg 26:93, 1999 Most negligence cases are settled. Statistics nationwide indicate that approximately 82% to 87% of cases that survive initial legal challenges by the defense, and continue through the end of pretrial discovery, settle before a jury is picked. Approximately another 5% to 7% settle some time between the time that a jury is picked and the verdict is announced. The amounts of plaintiffs’ verdicts are usually high, and it can cost the defense much more to try a case than to settle it. The more clear cut the negligence is (deviation from standard of care) the less likely that a jury may become distracted by problems with the proximate cause of the case, and the more likely that jury will return a high award. Proximate cause simply means that the negligence directly caused an injury to the plaintiff that is compensible. Even if a mistake were made by a health care provider, the case cannot be won by the plaintiff until it can be proved that the negligence resulted in damages. Damages awarded include lost wages, medical expenses, and compensation for pain, suffering, and disability. Most plaintiffs do not favor arbitration because of the element of uncertainty-a jurycombined with the element of exclusivity, usually favoring a defendant.-R.H. HAUG Reprint 63144.
requests
to Dr Horan:
8816
Manchester
#402,
St Louis,
MO
Trials, Settlement and Arbitration: The Defendant’s Perspective. Martello J. Clin Plast Surg 26:97, 1999 Mediation (rather than arbitration) is more common in personal injury cases. Mediation is the coming to a consensus about damages. Arbitration is basically a controlled, predetermined forum for dispute resolution, but it does not occur frequently in medical malpractice cases. Advantages of arbitration include the quick processing of malpractice claims and reduction of claims handling costs. Before you consider settling a case, determine whether your malpractice insurance premiums will be effected. Some insurance carriers have a provision in their contracts that states they may settle malpractice cases without permission of the physician sued. One question that remains is whether settlement is an admission of incompetence. Yet, the physician, defense attorney, and physician’s independent personal attorney must also gauge the potential danger of not settling the case. According to the advice of one attorney “settle those cases in which the potential for damage is great and your liability is eit.aer clear or marginal.” If you have not settled the case and have not participated in mediation or arbitration, it is likely that your case will come to trial. Knowledge, preparation, and planning can greatly increase a physician’s chance of success in a medical malpractice trial. The advice of a good, reputable, and trusted attorney is invaluable in these circumstances.-R.H. HAUG
1719 Fremont
Ave, Suite 203, South
New Book Annofations
These 2 volumes, combined with the previous 2, provide an extensive and detailed presentation of the surgical and orthognathic correction of the various dentofacial deformities. Volume 3 contains sections on the treatment of conditions common to Class I, II, and III deformities; secondary cleft lip and palate dentofacial deformities; and rhinoplasty combined with orthognathic reconstructive surgery. Volume 4 deals with autogenous tissue harvesting techniques, asymmetric dentofacial deformities, associated temporomandibular disorders, distraction osteogenesis, dental implants, and dentofacial deformities associated with syndromes. In each chapter the step-by-step approach to presurgical orthodontics, presurgical planning, the surgical procedure, and postsurgical orthodontics is described. Management of Temporomandibular Disorders and Occlusion (ed 4). Okeson JP. St Louis, MO, Mosby-Year Book, 1998,638 pages, 785 illustrations. As in the past, this book presents a practical approach to the management of temporomandibular disorders based on sound scientific principles. The text is divided into 4 main sections related to functional anatomy, etiology and identihcation of functional disturbances in the masticatory system, the treatment of functional disturbances of the masticatory system, and occlusal therapy. The emphasis throughout is on an understanding of the problems involved and a rational approach to their management based on the achievement of the established treatment goals. Contemporary Oral and Maxillofacial Surgery (ed 3). Peterson LJ, Ellis E, Hupp JR, et al (eds) with 11 contributors. St Louis, MO, Mosby-Year Book, 1998, 797 pages, 1072 illustrations, $69.00 This textbook presents the fundamental principles of surgical and medical management of oral surgery problems. The entire book has been reviewed and updated. Among the changes are refinements in the recommendations related to disease transmission, alterations in the chapters on postoperative management and surgical complications, a deemphasis on advanced preprosthetic surgery and an increased emphasis on dental implantology, and a revision of the material on infections and dentofacial deformities. Although designed primarily as an instructional text for dental students, it is sufficiently comprehensive to serve as a reference for residents as well as established practitioners, Color Atlas of Temporomandibular Joint Surgery. Quinn PD (ed) with three contributors. St Louis, MO, Mosby-Year Book, 1998, 254 pages, 642 illustrations. Although the emphasis in this atlas is on the surgical management of temporomandibular joint disorders, it stresses the need for clearly recognizing those patients with