TOR-501: Medical Malpractice
Welcome to Lawshelf’s video course on Medical Malpractice. This area of law is one of the most lucrative and controversial areas of personal injury law practice. It’s the reason doctors pay such high rates for malpractice insurance, but also the reason patients are protected from preventable injuries during treatment. This is an introductory-level course, though some prior exposure to basic tort and negligence law is helpful.
The course begins with medical malpractice causes of action and the duties owed by medical professionals to their patients. We’ll focus on the duty element of negligence torts by discussing responsibilities to patients and third parties. We’ll also focus on the informed consent requirement for medical treatment, the linchpin of many malpractice actions.
In module 2, we’ll discuss the application of the duty of care and to what standards doctors are held. These standards have changed over time, as has the law’s view on whether the location of the practice is relevant to the expected level of competence. We’ll look at these developments and relevant case law.
Next, we turn to causation. Multiple factors may contribute to an injury and determining which cause is responsible can be complex. We’ll also look at other limitations on malpractice actions including time limitations, contributory negligence and assumption of risk.
In module 4, we’ll turn to litigation considerations. We’ll look the role of the malpractice insurer in the process and at the process for bringing malpractice actions. We’ll also focus on the negotiation process, including common methods of alternative dispute resolution in malpractice cases such as mediation and arbitration.
In our last module, we’ll look at the liability of the healthcare institution for the negligence of providers working in their facilities. We’ll discuss the general rule of respondent superior that makes employers liable for employees’ torts. But we’ll also discuss the cases in which hospitals and clinics can be liable for independent providers who work there as contractors. We’ll also look at alternative sources of liability such as product liability and breach of contract. Finally, we’ll briefly look at medical malpractice reform efforts and some examples of such rules.
This course will provide you with an understanding of the context of medical malpractice actions and help prepare you to participate in malpractice claims or actions.
Best of luck and we welcome your feedback.