LAW 399 - Medical Professional Liability

This course will provide an overview of medical professional liability law and practice and is designed to introduce students to the essential elements of and issues related to medical professional liability litigation. The primacy topics to be covered will include: medical malpractice litigation history; doctor-patient relationship; legal duty and standard of care, breach (informed consent, misdiagnosis, failure to treat and treatment errors); causation and damages; documentation and record keeping; medical insurance crisis and tort reform, including pre-suit notice, claim review, mediation and certification requirements; litigation strategies: plaintiff and defense; discovery and trial issues; expert witness requirements and other unique evidentiary issues and related Rules of Evidence, Rules 702, 703, 706 and 705; special liability protections, immunities and exceptions; and recovery caps and damage limits. The class will also touch on related issues such as insurance coverage, credentialing, licensure, privileged communications, peer review, and automation and artificial intelligence. Appreciation for the common tort issues and the unique nature and complex issues involved in medical professional liability law and other professional liability areas (accounting, financial advisor, architectural, engineering, legal, etc.) The course will have a practical focus, emphasizing relevant legal concepts, relevant recent practical social and legal issues, practice tips and strategies. The course will be graded on in-class participation and final examination.

No special information knowledge or background is required.