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					Medical Malpractice
      Zach Chambers
      Advanced Legal Research
  University of Denver College of Law
                          Introduction
Malpractice (mal-prak’ tis)-
 Mistreatment of a
 patient through
 ignorance,
 carelessness, neglect,
 or criminal intent
  Source: Stedman’s Medical Dictionary, 27th
  edition




                                     Zach Chambers
                           University of Denver College of Law
              Introduction-
    Strong Medical Malpractice Claims
   Dentist’s drill bit dropped down patient’s
    throat during dental procedure
   13-inch-long surgical instruments left in
    patients at University of Washington…
    twice
   Patient who went home from hospital
    chokes to death on latex surgical glove left
    inside his throat after treatment for asthma
    and emphysema
   Diabetic patient wakes up after operation
    to find surgeon mistakenly cut off a foot
    and one toe
   Man checks into cancer center for brain
    surgery and surgeon performs operation…
    on the wrong side of the brain
   Surgical tools are left in approximately
    1,500 patients each year in the U.S. Fatter
    patients are more prone to this due to extra
    space in body. (Source: USA Today)



                                        Zach Chambers
                              University of Denver College of Law
               Introduction-
        Proving Medical Malpractice
   Duty- Physician/ Patient
    Relationship
   Standard of Care-
    National Standard/ Local
    Standard
   Breach of Standard of
    Care- Negligence, Expert
    Witness Required
   Cause of Injuries
   Damages


                              Zach Chambers
                    University of Denver College of Law
Key Search Terms
                      Malpractice
                           Medical Malpractice
                      Physician
                      Surgeon
                      Hospital
                      Negligence
                           Medical Negligence
                           Contributory Negligence
                      Tort
                      Patient
                           Duty
                           Consent
                           Inform
                      Degree of Care/Skill
                      Liability
                      Surgical Operation
                      Medical Expert
            Zach Chambers
  University of Denver College of Law
Primary Authority
                         Cases
                         Statutes
                              Federal- U.S.C.A.
                              State- C.R.S.
                         Administrative Materials
                              Federal
                                    Regulations- CFR
                                    Agency Websites
                              State
                                    Regulations- CCR
                                    Agency Websites



            Zach Chambers
  University of Denver College of Law
                          Primary Authority-
                               Cases
   Key Numbers from West’s
    Descriptive Word Index
       Physicians and Surgeons
            Negligence or Malpractice
                  Generally, Phys 15(.5)-18.130         Contributory or Comparative
                                                          Negligence, Phys 17
                  Actions for,
                                                         Damages,
                         Generally, Phys 18.1-
                          18.130                                Generally, Phys 18.110
                  Acts or omissions in general,         Elements in general, Phys 18.12
                         Abandonment of case,           Evidence,
                          Phys 15(6)                            Admissibility, Phys 18.70
                         Diagnosis, Phys 15(7)                 Expert testimony,
                         Disclosure to Patient,                 necessity, Phys
                          Phys 15(8)                             18.80(6.1-9)
                  Care and skill, degree required,      Hospitals, liability of, Hosp 7, 8
                         Exercising as well as          Particular Practitioners,
                          possessing, Phys 15(2)                Generally, Phys 15(17.1-
                         Persons required to                    24)
                          exercise care, Phys 15(3)      Parties Liable,
                  Consent, informed,                           Generally, Phys 16
                         Disclosure to patient,         Surgical Operations,
                          Phys 15(8)                            Generally, Phys 15(12-
                                                                 15)



                                            Zach Chambers
                                  University of Denver College of Law
Primary Authority-
 Federal Statutes
                         Military Personnel- Defense of Certain
                          Suits Arising Out of Medical
                          Malpractice, 10 U.S.C.A. § 1089
                         Malpractice Protection for the
                          Department of State, 22 U.S.C.A. §
                          2702
                         Professional Review, 42 U.S.C.A. §
                          11111
                            Standard for Professional Review
                               Actions, 42 U.S.C.A. § 11112
                            Duty of Hospitals to Obtain
                               Information, 42 U.S.C.A. § 11135
                            Disclosure and Correction of
                               Information, 42 U.S.C.A. § 11136
                         Tort Claims Procedure, 28 U.S.C.A. §
                          2671




            Zach Chambers
  University of Denver College of Law
                Primary Authority-
                  State Statutes
   Reporting of Medical Malpractice Claims,
    C.R.S. § 10-1-120 (2003)
   Reporting of Medical Malpractice Claims
    Against Physical Therapists, C.R.S. §
    10-1-121 (2003)
   Reporting of Medical Malpractice Claims
    Against Optometrists, C.R.S. § 10-1-125
    (2003)
   Professional Liability Insurance
    Required, C.R.S. § 12-33-116.5 (2003)
   Qualifications as Expert Witness in
    Medical Malpractice Actions or
    Proceedings, C.R.S. § 13-64-401 (2003)
   Limitations of Actions- Medical or Health
    Care, C.R.S. § 13-80-102.5 (2003)
                               Zach Chambers
                     University of Denver College of Law
               Primary Authority-
        Federal Administrative Materials
   Code of Federal Regulations
       Health Care- Department of Health and Human
        Services
            Purpose, 42 C.F.R. § 1003.100
            Definitions, 42 C.F.R. § 1003.101
            Civil Money Penalties, 42 C.F.R. § 1003.102
       National Practitioner Data Bank for Adverse
        Information on Physicians and Other Health Care
        Practitioners
            Applicability, 45 C.F.R. § 60.3
            Reporting Medical Malpractice Payments, Applicability, 45
             C.F.R. § 60.7
            Requesting Information, Applicability, 45 C.F.R. § 60.11


                                    Zach Chambers
                          University of Denver College of Law
       Primary Authority-
Federal Administrative Materials
                                Agency Websites
                                     Department of Health
                                      and Human Services
                                     National Practitioner
                                      Data Bank for Adverse
                                      Information on
                                      Physicians and Other
                                      Health Care
                                      Practitioners



                   Zach Chambers
         University of Denver College of Law
               Primary Authority-
         State Administrative Materials
   Code of Colorado Regulations
       Colorado Department of Regulatory Agencies- Division of
        Insurance
            Financial Responsibility Requirements for Health Care Institutions, 3
             Colo. Code Regs. 702-2
            Mass Merchandising of Property and Liability Insurance, 3 Colo.
             Code Regs. 702-5
       Colorado Department of Human Services/ Social Services
            Medical Services Board-Medical Assistance Manual, 10 Colo. Code
             Regs. 2505-10
       Colorado Department of Public Health and Environment
            Alcohol and other Drug Abuse Treatment Rules, 6 Colo. Code
             Regs. 1008-1



                                      Zach Chambers
                            University of Denver College of Law
              Primary Authority-
        State Administrative Materials
   Agency Websites
       Colorado Department
        of Regulatory
        Agencies- Division of
        Insurance
       Colorado Department
        of Human Services/
        Social Services
       Colorado Department
        of Public Health and
        Environment
                               Zach Chambers
                     University of Denver College of Law
Frivolous Lawsuits?
                 A convicted burglar sues the state of
                  New York for $10 million, claiming that
                  poor medical care was the cause for
                  amnesia that made him leave his work
                  release job and forget to return to prison.

                 Man given 3 months to live by doctors
                  quits job, outlives the prediction and sues
                  doctors for lost earnings.

                 Man thought he saw demonic 666 sign
                  on his hand while working at construction
                  site, so he removed his hand with a
                  circular saw, then refused to let doctors
                  reattach it. Judge tells the doctors to
                  abide by man’s wishes, man sues
                  doctors for not contacting his parents to
                  overrule the judge’s decision.


             Zach Chambers
   University of Denver College of Law
                 Conclusion
Advise your clients to
  count their surgical
tools, mark which side
of the head to operate
 on, don’t cut anything
     off they’re not
supposed to, and hold
 on tightly to their drill
           bits.


                           Zach Chambers
                 University of Denver College of Law
      The End




          Zach Chambers
University of Denver College of Law

				
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