Medical Malpractice
Adapted from a presentation by Arthur R. Derse, MD, JD, FACEP
Law
Common, Statutory, Administrative Federal & State Civil & Criminal
Law
Common - Judiciary Statutory - Legislature Administrative - Executive
Law
Federal State - Themes with variations
Law
Civil
– Monetary damages
Criminal
– Monetary fines – Prison
Malpractice
Duty Breach Causation Damages
Malpractice Elements
Duty
– derives from the establishment of physician patient relationship – duty to provide the standard of care
Malpractice Elements
Breach = deviation from standard of care = "average prudent practitioner" established by any of the following:
– expert testimony – industrial standards – common knowledge or "res ipsa loquitur" = the thing speaks for itself – judicial determination
Malpractice Elements
Causation = "proximate cause" (= legal cause) including partial causation
Malpractice Elements
Damages
– medical costs and lost wages – pain and suffering
Malpractice Defenses
Good Samaritan Other Defenses Statute of Limitations