This course will focus on core issues faced by attorneys prosecuting and defending against medical malpractice suits. These issues will include the following:
Cause of Action: medical liability vs. general negligence, products liability and consumer protection.
Expert Testimony: same-specialty requirement and meit certificates.
Causation: cause in fact, proximate cause, and probabilistic recovery.
Damages: caps and constitutionality.
Statutes of Limitations and Repose.
These issues will be discussed in connection with fact pattern and based on materials that students will receive at the beginning of the course. Students' performance will be evaluated by class participation (20%) and an open-book exam (80%).