LAW 2920 - Medical Malpractice
At the very heart of the contemporary “Medical Malpractice Crisis” – whether viewed as a real and present threat to health care in our country or as a myth promoted by the liability insurance industry– is our tort system of compensating patients who are victims of substandard medical care. In this course, the theory and reality of medical malpractice law will be thoroughly explored. The students will study topics including the elements of the physician-patient relationship; the multiple duties of physicians in our contemporary health care system; the various sources of standards of care applicable to medical personnel; principles of informed consent and the consequences of and defenses to medical malpractice cases.
In addition, attention will focus on how the tort system actually operates from the moment of patient injury through the span of the litigation process. To supplement the student’s case book reading assignments, the students will be granted access to excerpts of actually litigated medical malpractice cases. These will be utilized to help the student grasp the techniques of factual investigation, prosecution and defense of medical malpractice cases, preparation of pleadings, discovery and ultimate resolution of claims by trial or settlement. Particular attention will be given to the central role played by the medical expert witness in the litigation system.
Finally, the students will be challenged to weigh in on one of the most perplexing contemporary dilemmas we face: To what extent has the lawyer’s role in bringing justice to patients injured by medical negligence actually been a cause of the crisis in our health care delivery system?
Credits: 2
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