Medical Malpractice Law 270

• Credits: 2 letter-graded hours

Some 75,000 hospital patients die each year because of negligence. Just in the past month, a hospital in Texas mistakenly discharged a patient who subsequently developed Ebola. Many hundreds of people were placed on movement restricts and two health care workers who cared for the patient subsequently contracted the disease. Why do mistakes like this occur and what are we doing to prevent medical errors? The healthcare industry has become perhaps the most regulated in the United States. As clinicians, hospitals, medical device manufacturers, pharmaceutical companies and other players respond to this regulatory environment, the health law field has become a dynamic and complex area. And it is one evidencing a marked growth in legal employment. Indeed, health law has become such a specialized area that some state bars have developed board certification programs in healthcare. This class is unified around two main themes: (1) legal mechanisms to assure medical quality and (2) legal mechanisms to protect and promote patient autonomy. Among the many areas we will examine some of the most interesting include: - why medical malpractice occurs; - what the health care industry is doing to improve patient safety; - how licensure and credentialing process failures can lead to significant patient injuries; - the elements of a malpractice claim and corresponding defenses; - why apology and early offers to pay are bringing about huge changes in our compensation system; - the discovery, trial and settlement processes; - how liability insurance works; - the impact of litigation on clinicians. Updated 10/2014.