Power from Within : A Guide to Success as a Medical Malpractice Defense Expert book cover
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Power from Within
A Guide to Success as a Medical Malpractice Defense Expert




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ISBN 9780367677374
February 23, 2021 Forthcoming by Productivity Press
192 Pages 5 B/W Illustrations

 
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Book Description

There is no end in sight to the frequency with which health care providers become lawsuit targets in our litigious society. While politicians, practioners, insurance companies and trial attorneys debate the nation’s "malpractice crisis", suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree.

Public fact-finding committees and investigative bodies, which may be charged with the responsibility of pursing a solution, likely will never achieve a global remedy to the "malpractice crisis". Legislation has not ever universally curtailed baseless malpractice suits or grossly excessive monetary verdicts. Another approach exists, however.

Health care providers can impact the existing system and influence the malpractice environment in a tangible, positive and powerful fashion. Although there will be a debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant’s perspective as a "no cause" trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.

Table of Contents

CONTENTS
 
Preface
Chapter One         INTRODUCTION - BASIC REQUIREMENTS
Time and Flexibility
Communication Skills
Team Participation

Chapter Two ATTORNEY’S PERSPECTIVE
Expert Fees 
Availability
Accessibility
Cooperation
Credentials
Reasonable Standards
Report Preparation
Insulation From Collateral Attack
Handling Examination
Credibility
Personality
Appearance

 

 

 

Chapter Three         JURY’S PERSPECTIVE
Presentation 
Organization
Subject Familiarity
Question Responsiveness
Interpersonal Connection
Testimony Content
Trial Aids
Intangibles

Chapter Four            CASE PARTICIPATION
Telephone Conferences
Records Review
Case Assessment
Literature Review
Supplemental Document Review
Deposition Testimony
General Assistance
Trial Stage


Chapter Five THE EXPERT OPINION
Verbal Opinion
Written Report
IME
          Potential Pitfalls

 

Chapter Six     THE DEPOSITION
Location
Fees
Transcript
Purpose
Attire
Deposition Preparation
Available Documents
Areas of Examination
  Gratuitous Testimony

Chapter Seven THE TRIAL
Fees 
Pre-trial Preparation 
Understanding Your Environment     
Trial Sequence  
Intra-trial Events
Understanding Your Role 
Courtroom Demeanor
Testimony

 

 

 

Chapter Eight       CREATING AN EFFECTIVE CURRICULUM VITAE
Education and Training
Board Certification
Hospital Affiliations
Academic Positions
Professional Organizations
Military Experience
Awards and Honors
Publications, Presentations, Seminars and Lectures
Athletic Program Affiliations
Public Service
Media Appearances

 

Chapter Nine             GETTING STARTED
Your Malpractice Attorney
Liability Carriers/Brokers
Colleagues, Patients and Attorneys
Advertisement
Expert Agencies
Mass Mailings
Websites

Chapter Ten  RULES OF CONDUCT
Chapter Eleven    ACCEPTING THE CHALLENGE

...
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Author(s)

Biography

Jeffrey A. Krompier, Esq. is the founder of Krompier & Tamn, LLC (www.krompiertamn.com) and its senior attorney. Mr. Krompier has more than 35 years of litigation experience. Throughout his career, Mr. Krompier has been certified and recertified five times by the New jersey Supreme Court as a Civil Trial Attorney. In 2012, he received certification in Civil Trial Advocacy by the ABA accredited National Board of Civil Pretrial Practice Advocacy. In 2017, Mr. Krompier was recertified in Civil Trial Law and Civil Pretrial Practice Law by the National Board of Trial Advocacy. He is a member of the American Bar Association, American Board of Trial Advocates with Advocate ranking and is a lifetime charter member of Rue Ratings’ Best Attorneys of America. For the last 14 consecutive years (2007-2020) he was named a New Jersey Super Lawyer and has been listed in Super Lawyers magazine corporate counsel (2009-2011) and business (2011-2018) editions. In 2014, Mr. Krompier was named an Elite American Lawyer and honored for excellence in the law (2014-2015) by Worldwide Registry. In 2014, 2015, 2016 and 2017 he was named one of America’s Most Honored Professionals by the American Registry. In addition, Mr. Krompier is a named expert in the field of medical and dental malpractice defense litigation by Worldwide Who’s Who and in 2015 became a lifetime member of Trademark Who’s Who Honors Edition. In 2017, he was included in Worldwide Publishing's "Top Lawyers - The Secrets to Their Success." In 2018 and 2019, Mr. Krompier was named one of America's Top 100 High Stakes Litigators for New Jersey. He also was named one of America's Top 100 Civil Defense Litigators for New Jersey. Mr. Krompier is a member of the New Jersey Bar (1980) and the New York Bar (1988) and has been admitted to the U.S. District Court for the District of NJ (1980) and the U.S. Court of Appeals for the Third Circuit (1986).

Reviews

"I have personally acted as a medical malpractice defense expert on numerous occasions. I found that this book clarified my understanding of the medical-legal system and introduced me to entirely new perspectives on the conduct of the expert witness. Whether you are just starting out, or if you are already in this field, you will find this book to be a great resource."

James Aragona, M.D., Orthopedist

"Where was this gem when I started out as a medical expert 25 years ago? Comprehensive, focused and immediately useful, Mr. Krompier skillfully guides you through the Do's and Don'ts of expert work. For physicians wading into the medicolegal arena - this is a ‘must have’. I heartily endorse this book."

Daryl R. Fanney M.D., Radiologist

"Power from Within is an excellent resource, filling a significant void, for an Expert Witness in the world of medical malpractice defense. It is a comprehensive guide to becoming an expert witness in the medical malpractice arena. The information is accurate, realistic and addresses everything an expert will encounter. I highly recommend this book for anyone who serves as an expert or desires to move into this realm."

Paul M. Greenberg, D.P.M., F.A.C.F.A.S., Podiatrist

"Power From Within... is well-written, concise and easy to understand."

Stephen B. Guss, M.D., Cardiologist

"Attorney Krompier with more than 30 years of experience in medical malpractice have given us great details and insight into the entire process. The book is a must read for all physicians and should be part of the medical school or residency curriculum. Having a greater understanding of the medical malpractice process will help to reduce potential frivolous lawsuits. For physicians who are considering being medical defense experts, this book is an excellent guide to a successful and potentially rewarding new endeavor."

John J. Huang, M.D., MBA, Ophthalmologist

"This is a brilliantly written treatise which provides valuable insights into the dos and don’ts of being a successful Medical Malpractice Defense Expert. As someone who has been doing this type of work for nearly two decades, the guidance and advice contained in the Power From Within-A Guide to Success is invaluable to a physician beginning his or her expert career, as well as to an experienced expert such as myself. The lessons contained in this work are a recipe for success and, most importantly, help to prevent the common pitfalls encountered when dealing with a cunning plaintiff’s attorney. I wish that I could have been guided by such a manual early in my career as a defense expert."

Edward Julie, M.D., F.A.C.C., Cardiologist

"The Power from Within by Jeffrey Krompier, Esq. is a must read for any and all legal defense work to be used by expert witnesses....The author, a highly experienced certified civil trial attorney, meticulously guides the reader through every step from inception to the finish line. Highly recommend this book. It is the source and reference for a successful journey."

Ezra S. Kazam M.D., Ophthalmologist

"Mr. Krompier presents a compelling case for physician participation in the medical legal process. He then provides a highly readable, comprehensive, step by step, guide full of valuable insights from an attorney’s perspective. I recommend it to both novice and seasoned experts."

Mark C. Norris, M.D., Anesthesiologist

"This is an excellent primer that contains sound, comprehensive guidance for any physician who aspires to be a persuasive expert witness in a medical malpractice case. Written by one of the premier defense lawyers in New Jersey, it covers the entire medico-legal landscape and offers practical, time-tested advice that will benefit anybody engaged in this field. It should be required reading, not only for beginners, but also for veterans."

John O’Farrell, Former trial lawyer, Vice President of Claims and Legal Consultant to Princeton Insurance Company

"In Power from Within, Jeffrey Krompier has written an outstanding, readable volume designed to help health care professionals, from beginners who have never done expert work, to seasoned experts. It focuses on medical malpractice defense consultation, but its wisdom applies to both sides of almost any civil litigation. Power from Within covers the whole range from the first discussion with an attorney, to writing expert reports, to testifying effectively at deposition and trial. It offers wisdom applicable to all expert work, and should be required foundational reading for all experts, at all levels of experience."

David Strayer, M.D., Ph.D., Pathologist

"Indispensable for teaching the novice defense expert the basics as well as honing the skills of the seasoned professional... Essential reading for anyone interested in doing expert malpractice work."

Adam Hecht, M.D., Radiologist

"This text is a ‘must read’ for any professional currently doing - or just anticipating doing - expert defense work. I have worked as a malpractice expert for over 25 years, and I agree with all of Mr. Krompier’s points. Despite considering myself reasonably experienced, I learned many new things that will help me in future cases."

Charles A. Scott, M.D., Pediatrician

"The information flowed in such a way that the reader was continually captured by the explanations and examples."

Wendell O. Scott, Orthopaedic Surgeon

"Mr. Krompier provides a valuable resource to new and experienced nurses and medical legal experts. This book teaches nurse and physician expert’s organization skills, the attorney’s expectation of the experts and understanding the experts role. He discusses in detail the potential pitfalls that an expert should avoid as well as proper preparation for court proceedings. Mr. Krompier explains the importance of excellent communication between a nurse and/or medical expert and the attorney that will lead to a successful case. Power From Within - A Guide to Success As a Medical Malpratice Defense Expert is an essential tool for healthcare providers to be thorough and successful nurse and/or medical defense experts."

Paola Vietoris, RN, BSN

"This book is a ‘must read’ for anyone who has or anticipates fulfilling the role of an expert witness. It contains objectives and outlines that assure the reader will develop the skillset needed to be a successful medical malpractice defense expert. The writing style is succinct and the effective use of "do's and don'ts" makes the recognition and acceptance of what needs to be adapted, changed, or retained by the reader readil apparent. The book is superb, I enjoyed reading it."

Desmond A. Jordan, M.D., Anesthesiologist

"In writing Power from Within, Mr. Krompier has done a magnificent job outlining the need an benefits of the defense expert and why they are the key to success in prevailing in medical malpractice litigation. Given the fact meaningful tort reform is unlikely, Power from Within is a game changer and a must read for every healthcare practitioner because someday they may be litigants themselves and seeking the very best defense expert."

Kenneth Mastria, Claims Manager-Princeton Insurance Co.

"A must-read for any physician contemplating service as a defense expert in medical malpractice cases. Mr. Krompier’s insight and experience working with medical experts in medical malpractice litigation is apparent, and a welcomed addition in a sparse field of similar reference materials. This is a very important work that exemplifies the current state of the art and proven strategies for success in and out of the courtroom. His writing style is succinct, clear, and well-tailored to present and share his considerable expertise in this important area. Highly recommended."

Marion R. McMillan, M.D., Anesthesiologist/Endoscopic Spinal Surgeon

 

"A Masterpiece. As a Certified Civil Trial Lawyer, I immediately recognized the value in this writing by Mr. Krompier who is a highly skilled advocate. His insight and effective written communication style, provides a road map for the expert witness who seeks to provide meaningful opinions in medical malpractice litigation. In addition to critical instruction on essential preparation for trial, the often overlooked jury perspective, and necessary work commitments from an expert witness, Jeff should be applauded for his unwavering dedication to ethics. He wisely advises that the best experts do not accommodate litigants at the expense of compromising their opinions, thus emphasizing the integrity of the judicial process. A must read."

Keith J. Roberts, Esq., Member & Co-Chair, Litigation,  Brach Eichler, LLC

 

"Power from Within is the definitive reference source for any physician who is either contemplating serving as a Medical Defense Expert Witness or is already a veteran of the process. Drawing from his own career as a dedicated, ethical and highly skilled Medical Malpractice Defense attorney, Jeffrey Krompier has authored a unique and valuable book which cogently and comprehensively summarizes his extensive experience and keen insights in the universe of medical malpractice litigation. The knowledge gained from reading this book is certain to enhance the capabilities and performance of any Medical Defense Expert Witness."

Sheldon H. Deluty, M.D., Anesthesiologist