Personal Injury & Negligence

4.67

Getting Started in Medical Malpractice Law

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
OnDemand
5 hours 56 minutes
Michelle Meloche
Virginia Graziani Lowe M.D., J.D., LL.M.
Melanie Taylor
Jennifer Pitzer
James Lowe
Richard Schwamm
With Michelle A. Meloche from Baker Sterchi Cowden & Rice LLC + 5 others
Recorded May 14, 2025
Product ID 100261

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Overview

Exploring Med Mal Essentials

Dive into "Getting Started in Medical Malpractice Law," a comprehensive CLE program designed to equip both plaintiff and defense attorneys with the skills they need to succeed. From the fundamentals of malpractice claims and case evaluation to expert insight on proving medical mistakes, this course covers it all. Gain practical strategies for discovery, pre-trial preparation, and trial techniques, guided by real-world insights from a medical doctor and seasoned faculty. We'll also tackle the ethical and professional considerations unique to medical malpractice cases, ensuring you're prepared for the complex challenges of this high-stakes field. Join us to build your foundation in this rewarding, specialized area of law - register today!

  • Learn medical malpractice law fundamentals.
  • Discover how to evaluate a medical malpractice case, examining viewpoints from plaintiff and defense counsel.
  • Discuss medical malpractice with a medical professional who can provide key insights into claims and defenses.
  • Examine best practices for discovery and building a medical malpractice case.
  • Discover trial tactics to use in medical malpractice cases, for both plaintiff and defense counsel.
  • Evaluate ethical issues in medical malpractice cases and learn how to avoid making costly mistakes.

Abbreviated Agenda

  1. Understanding Medical Malpractice Law Basics
  2. Case Evaluation and Intake Process for Plaintiff and Defense Counsel
  3. Proving and Disproving Medical Mistakes: A Medical Doctor's Perspective
  4. Building Your Case: Discovery and Pre-Trial Preparation
  5. Trial Strategy and Techniques for Both Sides
  6. Ethical and Professional Considerations in Medical Malpractice
Product ID 100261

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Understanding Medical Malpractice Law Basics

    1. Elements of a Medical Malpractice Case
      1. Duty of Care and the Patient-Provider Relationship
      2. Standard of Care and Breach
      3. Causation and Damages
    2. Legal Standards and Burdens of Proof
      1. Differences Between Criminal and Civil Medical Negligence
      2. Preponderance of Evidence vs. Reasonable Doubt in Civil Cases
    3. Statutes of Limitation and Notice Requirements
  2. Case Evaluation and Intake Process for Plaintiff and Defense Counsel

    1. Initial Case Screening for Plaintiff Attorneys
      1. Identifying Red Flags and Viability of a Case
      2. Medical Record Review and Identifying Key Facts
    2. Defending Against a Malpractice Claim
      1. Early Assessment and Damage Control for Defense Attorneys
      2. Reviewing Medical Records and Assessing Potential Weaknesses in Plaintiff's Case
    3. Understanding Costs and Client Expectations
    4. Cost-Benefit Analysis for Plaintiff Attorneys
    5. Settlement vs. Litigation Considerations for Defense Attorneys
  3. Proving and Disproving Medical Mistakes: A Medical Doctor's Perspective

    1. Medical Standards of Care in Practice
      1. How Standards Are Determined and Evaluated
      2. Common Pitfalls and Errors in Medical Treatment
    2. Evidence of Breach and Non-Breach
      1. Key Indicators of Medical Error from a Medical Perspective
      2. Common Misinterpretations and Defense Strategies
    3. Medical Documentation and Testimony
      1. Reviewing Medical Records for Evidence of Deviation
      2. Explaining Medical Rationale to the Court: Best Practices
  4. Building Your Case: Discovery and Pre-Trial Preparation

    1. Using Medical Records in Building a Case
      1. Identifying and Obtaining Critical Documentation
      2. Effective Use of Electronic Health Records (EHR)
    2. Discovery Strategies for Plaintiffs and Defendants
      1. Depositions of Medical Experts and Witnesses
      2. Strategies for Interrogatories, Requests for Production, and Admissions
    3. Expert Witnesses: Selection and Preparation
      1. Standards for Qualifying as an Expert Witness
      2. Tips for Preparing Experts for Testimony and Cross-Examination
  5. Trial Strategy and Techniques for Both Sides

    1. Opening Statements and Closing Arguments
      1. Crafting Persuasive Narratives
      2. Addressing Complex Medical Issues for the Jury
    2. Examination of Medical Witnesses
      1. Direct and Cross-Examination of Expert Witnesses
      2. Anticipating and Countering Opposing Expert Testimony
    3. Visual Aids and Demonstrative Evidence for Complex Medical Issues
    4. Voir Dire Strategies
  6. Ethical and Professional Considerations in Medical Malpractice

    1. Conflict of Interest and Confidentiality
      1. Ensuring Patient Confidentiality in Plaintiff and Defense Representation
      2. Avoiding Conflicts with Medical Professionals and Facilities
    2. Communication with Clients, Opposing Counsel, and Medical Experts
      1. Managing Client Expectations and Maintaining Professionalism
      2. Navigating Relationships with Opposing Medical Experts
    3. Handling Settlement Negotiations Ethically
      1. Best Practices for Settlement Proposals
      2. Avoiding Coercion or Over-Promising Results

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

Michelle A Meloche
Michelle A.
Meloche
Baker Sterchi Cowden & Rice LLC
Virginia Graziani Lowe M.D., J.D., LL.M.
Virginia
Graziani Lowe M.D., J.D., LL.M.
Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP
Melanie S Taylor
Melanie S.
Taylor
Bendin Sumrall Ladner, LLC
Jennifer Pitzer
Jennifer
Pitzer
Roman & Boock LLC
James G Lowe
James G.
Lowe
James Lowe, MD Law, LLC
Richard B Schwamm
Richard B.
Schwamm
Haliczer Pettis & Schwamm, P.A
Speaker bio
Michelle A Meloche

Michelle A. Meloche

Baker Sterchi Cowden & Rice LLC
Michelle Meloche

is an attorney at Baker Sterchi Cowden & Rice LLC. She approaches every case with her passion for healthcare and desire to promote her clients' best interests in each legal issue that arises. Whether it is motion practice, discovery, or providing in depth legal analysis, Ms. Meloche advocates for a fair and just result. To best advise her clients, she diligently follows the ever-changing healthcare industry through active involvement in multiple healthcare and legal organizations. Ms. Meloche earned her B.A and M.P.H. degrees from Saint Louis University, and her J.D. degree from Saint Louis University School of Law. She is admitted to practice in Missouri and Illinois.

Speaker bio
Virginia Graziani Lowe M.D., J.D., LL.M.

Virginia Graziani Lowe M.D., J.D., LL.M.

Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP
Virginia Graziani Lowe M.D., J.D., LL.M.

M.D., J.D., LL.M. is a partner at Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig, LLP in Philadelphia. She is a trial attorney and physician who is board certified in Physical Medicine and Rehabilitation, with specialty interests in spinal cord injury, traumatic brain injury, cerebral palsy, and other neurologic disorders. She has represented and successfully advocated for clients in a wide range of medical malpractice claims resulting in multimillion dollar awards, including birth injuries, wrongful death, delayed cancer diagnosis, delayed diagnosis of infection resulting in amputation, missed spinal epidural abscess resulting in paralysis, retained foreign objects, adverse drug reactions, and wrong-site surgery. Virginia earned her B.A. in Biology magna cum laude from La Salle University and her M.D. from Jefferson Medical College, where she was elected to membership in the Alpha Omega Alpha Honor Medical Society. Twenty-seven years after graduating medical school, she earned her J.D., graduating cum laude, from Temple University's James E. Beasley School of Law. Wanting to ensure that she gained as much training as possible to effectively represent her legal clients, Virginia applied and was accepted into the prestigious LL.M. in Trial Advocacy program at Temple, graduating with honors. She is licensed to practice law in Pennsylvania, New Jersey and the U.S. District Court for the Eastern District of Pennsylvania.

Speaker bio
Melanie S Taylor

Melanie S. Taylor

Bendin Sumrall Ladner, LLC
Melanie Taylor

is a partner with Bendin Sumrall & Ladner LLC, in Atlanta, Georgia. Her medical malpractice and business litigation practice represents corporations, business owners, hospitals and individual medical providers in matters ranging from risk management to litigation. Ms. Taylor is counsel for businesses ranging in size from start-ups to Fortune 100 companies in the retail, financial and construction industries. She advises her clients on how to mitigate risks, best practices after becoming involved in litigation and alternative dispute resolution. Ms. Taylor's representation involves preparing her clients and experts for all stages of litigation and defending against allegations of professional or ordinary negligence, wrongful death, agency and employment relationships and other liability claims. She earned her B.A. degree, with honors, in political science and Spanish from Duke University, and her J.D. degree from Georgetown University Law Center in Washington, D.C.

Speaker bio
Jennifer Pitzer

Jennifer Pitzer

Roman & Boock LLC
Jennifer Pitzer

is an attorney at Roman & Boock LLC, and is dedicated to helping clients rebuild their lives after experiencing devastating injuries. With a compassionate approach and a strong commitment to justice, Ms. Pitzer works tirelessly to ensure that her clients receive the compensation they deserve. A former defense attorney with years of experience in the legal field, Ms. Pitzer brings a unique perspective to every case, giving her an edge when negotiating with insurance companies. Her deep understanding of defense strategies allows her to anticipate tactics and craft compelling cases to secure the best possible outcomes for her clients. Whether through skillful negotiation or aggressive litigation, Ms. Pitzer is known for her strategic approach to personal injury law. She understands that each injury case is different, which is why she takes the time to understand the full scope of her clients' needs, ensuring they are supported not only legally but emotionally as well. Ms. Pitzer's passion for advocating on behalf of those who have suffered life-altering injuries drives her to go above and beyond. She is committed to providing personalized attention and guidance throughout the entire legal process, allowing her clients to focus on their recovery while she handles the complexities of their cases.

Speaker bio
James G Lowe

James G. Lowe

James Lowe, MD Law, LLC
James Lowe

is a neurosurgeon and attorney with a diverse educational background, and unique experience and expertise within the community of medical malpractice attorneys. After graduating with honors from Harvard, Dr. Lowe began his formal medical education, attaining an MD degree from Temple Medical School. He then spent the next 6 years completing his residency and fellowship training in Neurosurgery and Spine Surgery at Thomas Jefferson University Hospital in Philadelphia, PA. Upon completing his training, Dr. Lowe went into practice as a neurosurgeon serving the southern New Jersey area. He left his medical practice in December of 2021, although he still holds licenses to practice medicine in Pennsylvania and New Jersey. In 2023, Dr. Lowe started his solo law firm, James Lowe, MD Law, LLC. He now devotes 100% of his professional time to representing the interests of injured patients and their families. Dr. Lowe is a member of the Philadelphia Trial Lawyers Association, the American Association for Justice, the Philadelphia Bar Association, and the American Bar Association.

Speaker bio
Richard B Schwamm

Richard B. Schwamm

Haliczer Pettis & Schwamm, P.A
Richard Schwamm

is the Senior Partner in the Orlando office of Haliczer Pettis & Schwamm. Mr. Schwamm mainly focuses his practice in the areas of medical malpractice, wrongful death, catastrophic brain injury, personal injury, and premises liability. As a seasoned trial attorney, he has held the role of first chair trial lawyer for some of the most complicated legal matters in Florida courts. With nearly 30 years of experience in the practice of law, this long-time legal rights advocate has dedicated his professional life to serving his clients. Mr. Schwamm frequently speaks on numerous medical and legal issues, including obstetrical malpractice and the delivery of brain injured children, child safety, catastrophic injury, wrongful death, medical malpractice, hospital law, and significant injury cases involving newborns, toddlers, teenagers and their families. In addition, he routinely lectures on advanced trial strategies, litigation tactics, child bullying (including cyberbullying) and sophisticated trial technology. Mr. Schwamm has been an invited guest speaker for numerous nationally recognized institutions, including Harvard University, University of Central Florida, Medical Intelligence Corporation, the Contemporary Forum Speaker Series, and the International Child Safety Conference.

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