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Medical Malpractice
2 credits
Fall, 2010/11
Professor Alex Stein
This course examines the liability of medical practitioners, institutions, and manufacturers for iatrogenic injuries sustained by patients.
Specifically, it focuses on the following issues:
1) DEFINITION OF “MEDICAL MALPRACTICE”: why it matters?
2) LEGAL FRAMEWORKS: tort, contract, and consumer protection.
3) MEDICAL CARE STANDARDS: doctors’ duties and standards of care; customs, practices, and the locality rule; “error in judgment,” “schools of thought” and “respectable minority” defenses.
4) EVIDENCE: medical expert testimony and other special evidentiary rules; special jury instructions.
5) MEDICAL DUE PROCESS: informed consent and documentation duties.
6) CAUSATION: indeterminate causation; liability for the patient’s lost chances to recover.
7) DAMAGES: caps, collateral-source deductions and other limitations.
8) INSTITUTIONAL LIABILITY: vicarious and corporate liability of hospitals and MCOs; liability for negligent credentialing; charity immunity.
9) STATUTES OF LIMITATIONS AND REPOSE.
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