The Practitioner In Court: A Survival Guide

Friday, November 22, 2003
at the The Fairmont Copley Plaza – Boston, MA

For more information and to register for this course visit www.cme.hms.harvard.edu

Download the course brochure (PDF Document, requires Adobe Reader)

Course Directors

Odysseus Argy, MD; Thomas G. Gutheil, MD; David Gould, JD;
Mark J. Hauser, MD; and Clyde Bergstresser, JD

Offered by

Massachusetts Mental Health Center and Risk Management Foundation of the Harvard Medical Institutions

Course Description

Working with the legal system can be fascinating and rewarding for
the clinician, but there are many potential pitfalls. It is increasingly
common for the practicing physician to appear in the courtroom in
one capacity or another. This often engenders clinician anxiety and
uncertainty.

The objectives of this course are:

to gain an understanding of the legal process, types
of witnesses, deposition strategies, areas of possible
difficulties, examination and cross-examination, and
common errors that are made by clinicians.
to be prepared to collaborate effectively with attorneys
as treating physician, expert witness, or defendant.
to be able to master courtroom challenges, and be more
prepared to work with both plaintiff and defense attorneys.

A unique feature of this course is the mock trial, during which a live
demonstration will illustrate the critical components of survival in the
courtroom. This course will be offered separately or in conjunction
with Liability Prevention for Medical and Surgical Practitioners:
Strategies and Update.

Course Schedule Saturday, November 22, 2003

7:45- 8:15am	Registration
8:15- 8:30	Welcome & Introduction – David Gould, JD
8:30- 9:15	The Multiple Roles of the Clinician in the Court System: Expert Witness, Fact Witness, Defendant – David Gould, JD
9:15-10:00	Facing Litigation: The Role of Personal Counsel – Clyde Bergstresser, JD
10:00-10:45	Surviving the Witness Stand – Odysseus Argy, MD
10:45-11:15	Coffee Break
11:15-12:30	Courtroom Survival – The Perspective of the Plaintiff’s Attorney – Clyde Bergstresser, JD The Perspective of the Defense Attorney – David Gould, JD
12:30-1:00pm	Panel and Audience Discussion – Clyde Bergstresser, JD, David Gould, JD
1:00-2:15	Lunch (on your own)
2:15-2:30	Read “Anatomy of Case”
2:30-3:45	Mock Trial: Plaintiff’s Attorney – Clyde Bergstresser, JD Defense Attorney – David Gould, JD Presiding Judge – The Honorable Carol Ball Mock Trial Defendant – Jerry M. Blaine, MD
3:45-4:00	Coffee Break
2:15- 3:00	Risk Management Strategies for Reducing Medication Errors – David M. Benjamin, PhD
4:00-4:30	A View From the Bench – The Honorable Carol Ball
4:30-5:15	Panel Discussion – Faculty and Participants
5:15	Adjourn