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Berber
v. Mellott, MD: Lessons from a Medical Malpractice
Mock Trial is intended for:
- Psychiatrists
-
Psychologists
-
Social workers and counselors
- Clinical
nurse specialists
- Risk
managers
- Other
advanced practice mental health professionals
An adolescent, antidepressants, and suicide - case background*
Dr. Mellott, a psychiatrist, was sued after the tragic suicide of Ben Berber, an adolescent patient. Ben was referred to Dr. Mellott by his pediatrician because of symptoms of depression and anxiety for almost a year. Ben was also seeing a therapist and taking antidepressants prescribed originally by the pediatrician. Six weeks after beginning treatment with Dr. Mellott, Ben committed suicide. Nine months after Ben’s death, Dr. Mellott was served with a Summons and Complaint naming him as a defendant in a malpractice lawsuit filed by Ben’s divorced parents. The lawsuit alleges that Dr. Mellott was negligent in treating Ben and that his negligence led to Ben’s suicide.
The case of Berber v. Mellott, MD will now be brought in front of a judge and jury on September 9th.
Register for this unique risk management experience today!
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| Seminar
Location |
The
Westin Providence
One West Exchange Street
Providence, RI 02903
Directions
For hotel reservations, please contact the hotel directly at (401)
598-8000 or at their web site. |
| Objectives |
| • |
Identify
major professional liability risks presented in the mock trial case
study. |
| • |
Learn
the correlating risk management practices and strategies for minimizing
or avoiding those risks in everyday professional practice. |
| • |
Learn
the major components of a medical malpractice trial, including the
concepts of standard of care and negligence. |
| • |
Participate
as the jury in deliberating about the verdict in a psychiatric malpractice
mock trial involving a patient suicide. |
| • |
Learn
what actions a defendant-physician can take during litigation to
increase the chances of a successful outcome. |
| • |
Become
familiar with what acts or omissions of the defendant-physician
a plaintiff attorney looks for in a case in order to demonstrate
negligence and liability on the part of the defendant-physician. |
| • |
Become familiar with what acts or omissions of the defendant-physician a defense attorney looks for in a case in order to defend against charges of negligence and liability on the part of the defendant-physician. |
| • |
Understand
the roles of the defense and plaintiff expert witnesses in medical
malpractice litigation. |
| • |
Understand
the role of the judge in a medical malpractice trial. |
| Agenda |
| 8:00 a.m. - 8:30 a.m. |
Registration and Continental Breakfast
(Included) |
| 8:30 a.m. - 8:45 a.m. |
Introduction and Pre-trial
tips |
| 8:45 a.m. - 9:15 a.m. |
Trial Begins / Opening
Statements |
| 9:15 a.m. - 9:45 a.m. |
Direct and Cross Examination
of Plaintiff |
| 9:45 a.m. - 10:15 a.m. |
Examination of Defendant
Physician by Plaintiff's Counsel |
| 10:15
a.m. - 10:30 a.m. |
Break |
| 10:30 a.m. - 11:15 a.m. |
Direct and Cross Examination
of Plaintiff's Expert |
| 11:15 a.m. - 12:00 noon |
Direct and Cross Examination
of Defendant Physician |
| 12:00 noon - 1:00 p.m. |
Lunch (Included) |
| 1:00 p.m. - 1:45 p.m. |
Direct and Cross Examination
of Defendant's Expert |
| 1:45 p.m. - 2:15 p.m. |
Closing Statements - Jury
Instructions |
| 2:15 p.m. - 2:30 p.m. |
Jury Deliberations |
| 2:30 - 2:45 p.m. |
Break |
| 2:45 p.m. - 3:15 p.m. |
Verdict Read / Panel for
Questions and Answers |
| 3:15 p.m. |
Adjournment |
| Featured
Speakers |
| Marynell
Hinton, MA |
Senior
Risk Manager
Professional Risk Management Services, Inc.
Arlington, VA
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| David
W. Carroll, Esq. |
Roberts,
Carroll, Feldstein & Pierce, Inc.
Providence, RI |
| Claudia
Hunter, Esq. |
Hunter
& Bobit, PC
Boston, MA |
| Janet
Bobit, Esq. |
Hunter
& Bobit, PC
Boston, MA |
| Douglas
Jacobs, MD |
Associate
Clinical Professor of Psychiatry, Harvard Medical School
Founder, National Depression Screening Day
CEO, Screening for Mental Health
Wellesley Hills, MA |
| Barry
Wall, MD |
Director,
Forensic Service, Eleanor Slater Hospital
Private practice of clinical and forensic psychiatry
Clinical Associate Professor of Psychiatry & Human Behavior,
Brown Medical School
Providence, RI |
| Joseph
V. Penn, MD CCHP |
Director,
Child and Adolescent, Forensic Psychiatry, Rhode Island Hospital
Director, Psychiatric Services, Rhode Island Training School
Clinical Assistant Professor, Brown Department of Psychiatry
and Human Behavior
Cranston, RI
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| Seminar
Materials |
| We
understand that it may be difficult to take time away from your
practice; therefore, we have made purchase. Order
seminar materials online. |
Risk management issues and concerns are constantly
changing and emerging in the behavioral healthcare field. PRMS seminars
have been designed to help you stay informed and educated on these current
professional liability trends. Our risk management specialists, experienced
in the clinical, legal, insurance, and claims fields, provide expert
insight on effective risk management strategies that help reduce professional
liability risk and improve the quality of care provided to patients.
If
you would like to add your name to our seminar mailing list, please
send an e-mail to
psychseminars@prms.com
or call (800) 245-3333, ext. 347.
______________________________________________
*These case facts are based on an amalgam of issues occurring in actual malpractice cases and risk management consults. They do not represent a specific actual malpractice case. They are presented here to illustrate and stimulate discussion about common professional liability risks in the practice of psychiatry. All the names are fictional.
Note
for New York State: This course is not approved by the New York
State Department of Insurance for a premium discount or for the Excess
Medical Malpractice Risk Management Program pursuant to New York State
Insurance Regulation 124.
SPECIAL
NEEDS: If you require any special services to accommodate a disability,
please call 800-245-3333, x347.
CANCELLATION
POLICY: Refunds will be issued for cancellations received 10 days prior
to the seminar date, less a $25.00 service charge. No refunds will be
issued for cancellations received less than 10 days prior to the seminar
date. PRMS reserves the right to cancel any seminar; in such event,
registrants will receive a full refund of the paid registration fees.
PRMS will not be responsible for any travel expenses or other costs
incurred by registrants.
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CME
Language: This activity has been planned and implemented in
accordance with the Essential Areas and Policies of the Accreditation
Council for Continuing Medical Education (ACCME) through the joint
sponsorship of the American College of Medical Quality and Professional
Risk Management Services, Inc. The ACMQ is accredited by the Accreditation
Council for Continuing Medical Education to sponsor continuing
medical education for physicians. ACMQ designates this educational
activity for up to 5.25 hours in category I credit towards the
AMA Physician's Recognition Award. Each physician should claim
only those hours of credit he/she actually spent in the educational
activity.
Statement
of
Continuing Education Credit: Professional
Risk Management Services, Inc. is approved by the American Psychological
Association to sponsor continuing education for psychologists.
Professional Risk Management Services, Inc. maintains responsibility
for this program and its content. 5.0 CE Hours/Credits
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