Medical Malpractice Survey – JURI 565

CG • Section • 12/17/2019 to 05/25/2020 • Modified 07/28/2020

Course Description

This course provides an overview of the laws related to the torts of medical malpractice and other forms of medical negligence. Topics to be covered include the physician-associated factors that may lead to medical negligence, the duty of the physician to treat patients including the initiation and termination of the physician-patient relationship, breach of a duty to the patient, the use of medical experts in proving the case, causation including proximate cause and calculating damages and collecting monetary awards. A discussion of medical malpractice tort reform will also be included.

Prerequisites

None

Rationale

This course is designed to provide the Juris Masters student with an overview of the laws related to the torts of medical malpractice and other forms of medical negligence. Topics to be covered include: the physician-associated factors that may lead to medical negligence; the duty of the physician to treat patients, including the initiation and termination of the physician-patient relationship; breach of a duty to the patient; the use of medical experts in proving the case; causation, including proximate cause; and calculating damages and collecting monetary awards.

Measurable Learning Outcomes

Upon successful completion of this course, the student will be able to:

  1. Read and analyze legal materials, including statutes, case law, and scholarly articles in order to achieve an understanding of medical malpractice and other forms of medical negligence in the United States.
  2. Demonstrate an understanding of the historical foundations of health care and health care law in the United States as it relates to medical malpractice, with an emphasis on the biblical perspective and the premises on which the rules of law in this subject area were based.
  3. Learn how to identify legal issues in medical malpractice-related scenarios and then state and apply the principles and the rules of law to these issues, arguing both sides of the issue and then deciding how a judge might rule on the issue.
  4. Identify why patient/plaintiffs sue for medical malpractice and how physicians and other medical professionals can help avoid medical malpractice lawsuits.
  5. Identify the classic four features of any negligence lawsuit—duty, breach, causation, and damages—in the context of an action for medical malpractice or other medical negligence case.
  6. Understand the need for, and the strategic use of, medical experts in the medical malpractice case.
  7. Understand efforts being undertaken at the state and federal level to reform the laws related to medical malpractice.

Course Assignment

Textbook readings and lecture presentations

Course Requirements Checklist

After reading the Course Syllabus and Student Expectations, the student will complete the related checklist found in Module/Week 1.

Discussion Board Forums (4)

Discussion boards are collaborative learning experiences. Therefore, the student will create a thread in response to the provided prompt for each forum. Each thread must be 400–500 words and demonstrate course-related knowledge. In addition to the thread, the student will reply to at least 2 classmates’ threads. Each reply must be at least 250 words.

Research Paper

Thesis Statement and Outline

The student will write an outline of at least 900 words with major points and a thesis statement of no more than 2 sentences that specifies the subject matter of the Research Paper.

Draft

The student will write a draft of the Research Paper that is at least 3,000 words. The draft must include an outline, introduction, thesis statement, main body, and conclusion as well as a bibliography and at least 15 citations in current Bluebook format. The word count includes the citations, but not the outline.

Final

The student will submit his or her final Research Paper of at least 5,000 words with at least 25 citations in current Bluebook format. The word count includes the citations, but not the outline.

Case Briefs (3)

The student will write 3 Case Briefs of at least 500 words each that are the most influential and interesting cases in the student’s view. Each case brief must be in current Bluebook format.

Video Lecture Quiz

The quiz will cover the Reading & Study presentation for Module/Week 1. The quiz will be open-book/open-notes, contain 5 multiple choice and true/false questions, and have a 1-hour time limit.

Quizzes (3)

Each quiz will cover the Reading & Study material for the assigned module/week. Each quiz will be open-book/open-notes, contain 10 multiple-choice, true/false, and short answer questions, and have a 1-hour and 30-minute time limit.