Anna C. Mastroianni
LAW B 505
This course will focus upon the tort of medical malpractice and will cover: the history and evolution of medical malpractice in the United States; the effect of malpractice and malpractice litigation on access to and cost of health care; the law of informed consent; determination of the standard of care; theories of professional negligence under traditional and integrated delivery systems; defenses to alleged malpractice; and allowable damages. Because malpractice is a state common law tort, many of the cases will be drawn from recent Washington case law. In addition to typical malpractice actions, the class will also briefly consider a number of miscellaneous torts that may be alleged in the health care context, such as false imprisonment, wrongful commitment, intentional infliction of emotional distress, and actions brought by third parties. The course will conclude with a discussion of some contemporary issues arising in medical malpractice law: liability of alternative care providers, telemedicine liability, and malpractice issues arising at the end of life.
Lecture and class discussion; occasional guest lectures by practitioners
Class Assignments and Grading
Final exam at end of quarter