Medical Malpractice and its Reform: Health Law Seminar
Prof. Marc A. Rodwin
2 credits day; 2 credits evening.
This course examines the way our current system of medical malpractice law functions based on empirical, economic, and philosphical studies. The course examines how effectively and efficiently the current system compensates those injured, the degree and kind of errors in finding liability when none exists and errors in not finding liability when negligence occurred. It also examines the extent to which tort liability deters negligence and improves quality of care, and the cost of medical malpractice on patients, physicians, and society. The course focuses on proposals to change malpractice law and on the effect of state law reforms since the 1970's. These reforms and proposals range from changes in rules for screening cases, altering the role of the jury, changing the process of trials, limiting testimony, capping damage awards or attorneys fees, instituting a system of no-fault or social insurance in place of a tort, and a wide range of other proposals. The focus is on the United States, but the experience of other countries will also be examined. Students that wish to fulfill the law school legal writing requirement may further develop their final course paper the next semester as a directed study for credit.
Grades will be based on a paper (80%), exam (20%) and class participation. Not offered 2008-2009.
 Enrollment is limited: 20
Elective Course
Meets Health/Biomedical Concentration Requirements
May Fulfill Legal Writing Requirement
Final Paper Required
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<<Course Updated: March 30, 2009>> |
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