Law & Medicine
Fall 2009
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Class Times: TR: 3:30-4:50
office: g 473 tel: 284-3616
mcoombs@law.miami.edu fax: 284-6619
ass't:Gloria Lastres tel: 284-4438
office hours: T 11:15-noon; F 11:00-noon and by appointment[1]
Assignments
The readings for this course consist of the listed portions of the casebook, Hall, Bobinski & Orentlicher, Medical Liability and Treatment Relationships (Second Edition) (Aspen 2005), listed simply as page numbers, as well as the supplemental materials. The latter will be available on the class webpage, linked to this syllabus. Note that most are edited; the editing is not always explicit.
We will also have a guest lecture by Dr. David Birnbach, currently scheduled for Nov. 3. I will also release up to six students whose schedules permit on October 20th or 22nd to permit them to participate with second year medical students in structured discussions through hyptheticals of ethical issues of consent (10/20) or confidentiality (10/22)(more details to follow as we get closer to these dates).
Intro:
1. 1-18 introduction Cartoon of the Day
1a. Health Reform I: introductory discussion
2. 31-44 medicine as art and science Cartoon of the Day
3. 44-68 health care financing Cartoon of the Day and another
Treatment Relationship
4. 69-110 duty to treat
5. 110-34 treatment relationship
6. 173-96 confidentiality and physician-patient relationship Cartoon of the Day
Informed Consent
7. 196-224, 435-36, Fl St. §766.103, FIPC Guidelines
informed consent
8. 224-43; Curran
Novel disclosure obligations
9. 244-71 Consent and Medical Research
Regulatory Control of health professionals for quality and safety
10. 273-300; Fisher Diagram ; Swiss Cheese picture , Cartoon of the Day
medical mistakes and quality
11.134-61: Fl.Const. Art.X, § 26 and Florida statute on grounds for discipline
physician licensure; hospital licensure
12. Fl. Const. Art. §25; Waterman, Fl St §§ 395.0191,-.0193, 766.101,
Gawande1; JCAHO standards for disruptive physicians; AMA "counterproposal" n.4 @360-61; Cartoon of the Day
physician credentialing; peer review
Malpractice
13. 300-32, Gawande2; Cartoon of the Day
custom and standard of care
14. 332-55 Litigating malpractice cases; Cartoon of the Day
skip the problem at p. 355
15. 436-54; Fl. St. § 458.320, Rogers
we will do in class the problem at p. 449
damages/ insurance/settlement
16. 361-81, 388-93; Ryan
alternate theories of liability
17. 406-27 causation and affirmative defenses
17a. Health Reform III: public interest analysis of reform plans
Law, Medicine and pharmaceuticals
18. 393-406 drugs and devices and role of pharmaceutical companies
19. 161-72, Abigail Alliance
access to drugs
Alternative Defendants and Approaches
20. Robbenolt, Sorry Works
alternatives to litigation: disclosure and apology
21. 382-88, 454-79 hospital liability
22. 479-503 managed care organization liability
23. 503-24 Malpractice Reform Proposals