Table of Contents
18.1 Introduction and Elements
18.2 Plaintiff’s Burden of Proof
18.2.1 Causation
18.2.2 Loss of Chance
18.3 Physician’s Duty
18.4 Captain of the Ship
18.5 Hospital Direct Liability
18.6 Negligent Credentialing, Retention and Supervision
18.7 Informed Consent and Battery
18.7.1 Informed Consent
18.7.2 Battery
18.8 Hospital’s Vicarious Liability
18.8.1 Agency
18.8.2 Ostensible Agency
18.9 Expert Required to Prove Prima Facie Case
18.9.1 Disclosure of Experts – Affidavit Statute
18.9.2 Expert Not Necessary
18.10 Res Ipsa Loquitur
18.11 Medical Malpractice Statute
18.12 Vulnerable Adult Statute
18.13 Collateral Source Rule
18.14 Statute of Limitations
18.14.1 Medical Malpractice – Statute of Limitations
18.14.2 Vulnerable Adult Statute
18.14.3 Discovery Rule
18.14.4 Retained Objects/Latent Injuries
18.14.5 Tolling for Persons Under Disability
18.15 Comparative Fault
18.16 Contributory Negligence – Patient Blame
18.17 Expert Witnesses
18.17.1 Who Is an Expert?
18.17.2 Testifying vs. Non-Testifying Experts
18.17.3 Timing
18.17.4 Expert Affidavit Supporting Case File
18.18 Discovery and Pretrial Procedure
18.18.1 Disclosure Statements
18.18.2 Medical Malpractice Interrogatories
18.18.3 Requests for Production
18.18.4 Independent Medical Examination
18.18.5 Depositions
18.18.6 Protective Orders
18.18.7 Use of Deposition at Trial
18.19 Alternative Dispute Resolution
18.19.1 Mandatory Settlement Conferences
18.19.2 Mediation/Arbitration
18.20 Pretrial Preparation
18.20.1 Joint Pretrial Statements
18.20.2 Motions in Limine
18.20.3 Jury Instructions
18.20.4 Voir Dire
18.21 Post Judgment Motions and Appeal
18.21.1 Judgment as a Matter of Law (JMOL)
18.21.2 Motions for New Trial
18.21.3 Motion for Relief from Judgment
18.21.4 Motions to Alter/Amend Judgment
18.22 Reporting Requirements
18.23 Appeals
| Format | Title | File Size | Page Count |
|---|---|---|---|
| Torts: Medical Malpractice | 624.64 KB | 66 | |
| Medical Malpractice Jury Instructions | 184.32 KB | 8 |
Steven Gross is a litigator and has extensive experience handling complex insurance coverage, professional liability, and catastrophic personal injury defense matters. Mr. Gross serves as national and regional coverage counsel for two large insurance carriers and has appeared in state and federal courts in Arizona, California, Kansas, Oklahoma, New Jersey, New Mexico, Colorado, Nevada, Alaska, Georgia, Louisiana, Virginia, Pennsylvania, Connecticut, Virginia, South Dakota, South Carolina, North Carolina, Utah, and California. Mr. Gross speaks and writes frequently on insurance law topics and has been recognized by Best Lawyers in America since 2019 in the areas of Insurance and Insurance Litigation. He is a contributing author for Couch on Insurance 3d, a nationally recognized authoritative treatise on insurance law often recognized and relied upon by courts and attorneys throughout the United States. He is also authored chapter 9 of Practical Tools for Handling Insurance Cases which aims to filter complex insurance coverage issues into an easily readable and digestible format for attorneys across the country and is published by West in 2011. Mr. Gross is one of the two managing authors and editors selected by the Arizona State Bar to create the Arizona Tort Law Handbook which has sold hundreds of copies to lawyers throughout the State of Arizona. He has published over twenty articles relating to insurance coverage, liability defense, and claims practices including chapter eight of the national Claims Adjuster’s Automobile Liability handbook published by West in 2009. He has been listed by Southwest Super Lawyers since inception and maintains an AV Preeminent rating with Martindale-Hubbell. Mr. Gross maintains an active CPCU “Chartered Property and Casualty Underwriter” certification through The Institutes.
is a senior member of The Cavanagh Law Firm in Phoenix where he maintains a national insurance coverage and extra-contractual defense practice. He has an LL.M. in Insurance from the University of Connecticut. He is the current successor author to COUCH ON INSURANCE 3D and has written other treatises on insurance law. He has published in excess of 350 law reviews and other professional publications on insurance law, in addition to several national insurance law treatises. He has been cited by the Supreme Courts of 34 states, the Intermediate Appellate Courts in 23 states, 12 of the Federal Circuit Courts of Appeal, 60 Federal District Courts, and the Federal Court of Claims. He has been cited in 95 scholarly articles. He has been continuously listed as a top 50 lawyer in Arizona (2007-2020) by Southwest Super Lawyers®. Only a few lawyers have been continuously on the list since its inception. He is recognized as a "Business Leader" (insurance) by Arizona Business Magazine and has been listed by Arizona Business Magazine as one of the top 100 lawyers in Arizona. Mr. Plitt has been listed in Best Lawyers® since 2007 (10+ years) (insurance) and was named the Insurance Lawyer of the Year by Best Lawyers® in 2012 and 2017 for Phoenix. He is also listed in Best Lawyers for the topic "Litigation - Insurance," and was the Lawyer of the Year in this category in 2020. He is a Fellow in the American College of Coverage and Extra-contractual Counsel. He is a Member of the American Law Institute where he was a consultative member on the development of the Restatement of Liability Insurance. He is a nationally recognized expert witness in insurance claim handling and bad faith cases and has been retained as an expert in hundreds of cases venued in 33 states. He is a former adjunct Professor of Law at ASU College of Law teaching insurance law. He is currently an Adjunct Professor of Law at the University of Arizona where he teaches insurance law.
Meredith L. Vivona is the Ethics Counsel for the State Bar of Arizona, where she advises lawyers through the Ethics Hotline, presents ethics related CLE programs, acts as legal advisor to the Fee Arbitration Program, serves on the Ethics Advisory Group and acts as liaison to the Arizona Supreme Court’s Attorney Ethics Advisory Committee. Prior to becoming Ethics Counsel, Meredith served as Practice Management Attorney for Practice 2.0 and the Trust Account Helpline, the State Bar’s confidential practice management and trust account advice program. Before joining the State Bar of Arizona, Meredith served as Independent Bar Counsel, investigating and prosecuting misconduct allegations brought against attorneys, when the Lawyer Regulation Office had a conflict. Part of Meredith’s responsibilities included serving as Acting Disciplinary Counsel for the Commission on Judicial Conduct where she investigated and resolved judicial misconduct complaints. Before serving as IBC, Meredith enjoyed a varied career in private practice, with experience in civil litigation matters throughout the state. Meredith is admitted to practice in Arizona and the U.S. District Court for the State of Arizona. Meredith received her Juris Doctor from Wake Forest Law School in Winston-Salem, North Carolina.