Sponsored by Roetzel & Andress and the Academy of

Medicine of Cleveland and Northern Ohio (AMCNO),

this half-day seminar will address various risk

management and medical-legal issues, including the

lawsuit and trial process, the nuts and bolts of medical

malpractice trial preparation, False Claims Act (FCA),

and the emotional and psychological impact of being

sued on a health care provider.

December 6, 2012Embassy Suites in Independence, OH

TOPICS WILL INCLUDE: • The Anatomy of a Lawsuit and Trial • The Cross Examination • Strategies in False Claims Act (FCA) Cases and Compliance Techniques • The Apology Statute • Expert Panel Discussion: The Emotional & Psychological Impact of Being Sued

Medical Malpractice Claims – The Impact of Being Sued

December 6, 2012Embassy Suites in Independence, OH

www.ralaw.com 222 South Main St., Akron, OH 44308

Medical Malpractice Claims – The Impact of Being Sued

www.ralaw.com

R&A_12-220_MMCInvite_Final.indd 1 10/22/12 9:57 AM

Medical Malpractice Claims – The Impact of Being Sued

December 6, 2012 // Embassy Suites in Independence // 5800 Rockside Woods Boulevard Independence, OH 44131

3.75 total ACCME continuing education credit hours are pending for this program. This course has been approved for 3.75 total CLE hours.

www.ralaw.com

AGENDA 12:30 to 1:00 pm Registration1:00 to 1:05 pm Opening remarks by Roetzel and AMCNO1:05 to 1:30 pm The Anatomy of a Lawsuit and Trial1:30 to 3:00 pm The Cross Examination3:00 to 3:10 pm Break3:10 to 3:55 pm Strategies in False Claims Act (FCA) Cases and Compliance Techniques3:55 to 4:15 pm The Apology Statute4:15 to 5:00 pm Expert Panel - The Emotional & Psychological Impact of Being Sued5:00 to 6:00 pm Networking and Cocktail Reception

PROGRAM

1:00 to 1:05 pm: Opening RemarksWelcome remarks to be provided by Stacy Delgros of Roetzel’s Medical Defense Group, and Dr. James L. Sechler, President of AMCNO.

1:05 to 1:30 pm: The Anatomy of a Lawsuit and TrialThis presentation will explore medical malpractice lawsuits and how they vary between civil and criminal lawsuits and the types of claims involved. The discussion will include two parts: Anatomy of a Lawsuit: • Types of medical malpractice claims • Elements of “Claim for Negligence” • Claim for “Lack of Informed Consent” • Most common allegations of negligence raised in medical malpractice lawsuits • What to expect and what to do with a complaint

Anatomy of a Trial: • Your Attorney • Discovery Deposition • Expert Witnesses • Trial preparation and trial procedure • Defense case, closing arguments, verdict, and appellate process

Presented by: Anna Carulas, Practice Group Manager, Medical Defense, Roetzel Mark Jones, Partner, Roetzel

1:30 to 3:00 pm: The Cross ExaminationThis presentation will take a close look at how the mind works from the witness’ point of view and from the cross examiner’s point of view during the cross examination, when involved in a medical malpractice trial. • The form of the question that narrows the potential to be able to explain; or narrows the ability to ‘not answer the question’ • How to organize the cross examination: digestible chapters, and how to organize answers • Word selection: what the cross examiner will try to do with words and what the witness should do with words • Constructive cross examination for the lawyer and for the witness • Oratorical devices • Loops, double loops, and spontaneous loops, trilogies • Techniques to control the witnesses’ answers and the use of control techniques by the witness

Presented by: Roger Dodd, Esq., Dodd & Burnham, P.C.

3:00 to 3:10 pm: Break

3:10 to 3:55 pm: Strategies in False Claims Act (FCA) Cases and Compliance Techniques This presentation will explore strategies in FCA cases and compliance techniques, in addition to: • Overview of the FCA and recent important case decisions • Enforcement update: federal and state • Impact of recent settlements on criminal and investigative actions • New FCA enforcement initiatives in health care

Presented by: Brian Dickerson, Partner, Roetzel Bob Graziano, Partner, Roetzel

3:55 to 4:15 pm: The Apology StatuteA discussion about R.C. 2317.43’s protection of physician communications with patients following an unanticipated result of medical care. • Overview of the Apology Statute – R.C. 2317.43 • Factors that influence patients to sue or not to sue their physicians • Other states’ apology statutes and their application

Presented by: Stacy Delgros, Partner, Roetzel

4:15 to 5:00 pm: EXPERT PANEL – The Emotional and Psychological Impact of Being SuedBeing sued impacts all aspects of health care providers’ lives and these concerns are a little-known and often ignored cost of medical practice litigation. Examples: • Interruptions in their schedules for court appearances; • Their level of confidence in their ability to treat their patients, to how many tests they order; and • How they interact with their friends and family outside of the office

A panel consisting of a psychiatrist, two physicians and senior counsel will discuss the emotional, psychological and physical tolls that being sued takes on health care providers. The panel will draw on the experiences of two physicians who have faced medical malpractice lawsuits and the effect it had on them both professionally and personally. In addition, a psychiatrist, and panel moderator, will also address various coping mechanisms for dealing with the impact of being sued.

Panelists: Dr. Greg Collins (Psychiatrist), Dr. Martha Hackett (MD), Dr. Jason Kolb (MD), Stacy Delgros (Roetzel), and Beverly Sandacz (Roetzel)

5:00 to 6:00 pm: Networking and Cocktail Reception

RSVP information:RSVP by November 30 by emailing Kristen Warnke at kwarnke@ralaw.com or contact her via phone at 330.762.7725.

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