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Medical Malpractice Law and Practice

Limit: 15 students

This seminar on medical malpractice will cover both basic issues of law, and practical issues related to the preparation and trial of such cases.

Legal issues include: issues of agency (doctor/hospital/independent practice organizations); admissibility of medical peer review findings; physician/patient privilege; hypothetical questions; res ipsa loquitur; practical lessons regarding expert qualifications; the law of informed consent; the law concerning physician/patient relationships; pleading requirements; statutes of limitations and statutes of ultimate repose; wrongful death due to medical malpractice; and vicarious liability.

These issues will be presented through applicable case law, both national in scope and based upon cases from the Oregon State trial and appellate courts. Guest speakers from both the plaintiff and defense bar will occasionally visit the class to offer insights into the actual practice of this litigation specialty.

A final examination will be 80% of the student grade, with 20% based upon class participation.

The American Bar Association accreditation standards require students to regularly attend the courses in which they are registered. Lewis & Clark expects students to attend classes regularly and to prepare for classes conscientiously. Specific attendance requirements may vary from course to course. Any attendance guidelines for a given class must be provided to students in a syllabus or other written document at the start of the semester. Sanctions (e.g., required withdrawal from the course, grade adjustment, and/or a failing grade) will be imposed for poor attendance.