Trust Me, I’m a Doctor: The Basics of Medical Malpractice

Learn about the theories of liability used to support medical malpractice claims.

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• Informed Consent Theory of Liability in Medical Malpractice Cases
  Review the physician’s disclosure obligations to obtain informed consent from the patient; compares the competing legal viewpoints in the sufficiency determination.

• Establishing the Physician's Duty of Care in Medical Malpractice Cases
  Explore the physician’s duty of care was created at common law, how it applies to specific patient-physician relationships, how it can be extended to third parties, and key considerations in its establishment or refutation.

• Meeting a Physician's Duty of Care in Medical Malpractice Cases
  Analyze how the physician’s duty of care is determined and how that standard is applied; discusses statutory obligations and expert testimony.

• Applying the Reasonableness Standard to Specific Physician Functions in Medical Malpractice Cases
  Scrutinize the physician’s duty to exercise reasonable skill and care and how that duty is applied to specific physician functions; discusses specific tasks like medical history intake, examinations, diagnoses, monitoring, continuing education, and requirements for specialization.

• Establishing Causation in Malpractice Cases
  Do a deep dive into the causation requirement of a medical malpractice action; discusses actual cause and foreseeability, compares sole proximate cause, dominant cause and substantial factor analysis, considers third-party intervening conduct, and guides attorneys on proving causation and expert testimony.

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