New Medical Malpractice Content: Theories of Recovery

Review how theories of liability, like negligence, strict liability, vicarious liability, and informed consent, are used to support medical malpractice claims. Understand how medical malpractice claims are founded in common law and distinguished from other types of negligence causes of action. Learn how state statutes—including statutes regarding provider licensing, those defining medical malpractice, and so-called tort reform statutes—can be used as bases for medical malpractice claims.

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Related Content

• Establishing the Physician's Duty of Care in Medical Malpractice Cases
  Examine the physician's duty of care in medical malpractice actions. See how the duty is created at common law, how it applies to specific physician-patient relationships, and how it can be extended to third parties harmed potentially because of a physician's treatment of another.
• Meeting a Physician's Duty of Care in Medical Malpractice Cases
  Analyze how a physician's duty of care is determined and how that standard is applied to the physician's actions in a medical malpractice action. Begin with the general reasonableness standard and expand to assess the relevance of locality, specialty, and education on defining the physician's duty. Consider the impact of statutory obligations on establishing the physician's duty as well as the availability of medical alternatives to the one applied.
• Applying the Reasonableness Standard to Specific Physician Functions in Medical Malpractice Cases
  Understand the physician's duty to exercise reasonable skill and care and how that duty is applied to specific physician functions. Review how physicians fulfill their professional obligations—or not—when performing tasks, including taking medical histories, examining patients, discovering causes of maladies, and monitoring patients and disclosing risks associated with their conditions.

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