Required Text

1. Defining, Evaluating and Distributing Health Care: An Introduction: Pick up handout with list of reading questions that you should be prepared to answer for class. This is attached to the back of the syllabus. (click this link for the reading questions).
   1. Defining Sickness: pp. 1- 15.
      1. Katskee v. Blue Cross, p. 3
      2. Problem: "The Couple's Illness," p. 10. Be prepared to discuss this problem.
   2. Quality In Health Care: pp. 15 - 37.
      1. Barry v. Cardiology Consultants, p. 28
2. The Problem of Medical Error:
   1. Medical Iatrogenesis: Definitions and extent: pp. 41-57.
      1. Problem: "Why operate?," p. 57. Be prepared to discuss this problem.
   2. Remedying Quality Problems: pp. 58-71. First read the problem on pp. 66-67 before you read this assignment as it will help inform your reading.
      1. Problem: "Disclosing Errors," pp. 66-67. Please prepare carefully and be ready to discuss this problem in detail.
3. Quality Control Regulation: Licensing of Health Care Professionals 72-97; 97-115
   1. Discipline
      1. In Re Williams, p. 74
      2. Hoover v. The Agency For Health Care Administration, p. 77
      3. Notes and Questions
                   Note: State Medical Boards and Telemedicine
   2. Hospital Peer Review
      1. Van Tassel, K., Hospital Peer Review Standards and Due Process: Moving from Tort Theory to Contract Principles, pp1180-1241 (Save article for reading about Clinical Practice Guidelines)
4. Complementary and Alternative Medicine (CAM)
   1. State Board of Registration for the Healing Arts v. McDonagh, p. 89
   2. Notes and Questions
5. Unlicensed Providers
   1. State Board of Nursing And State Board of Healing Arts v. Ruebke, p.99
   2. Notes and Questions
6. Scope of Practice Regulation
   1. Sermchief.v.Gonzales, p. 108
   2. Notes and Questions
                Problem: Physicians, Physician Assistant, and Nurses
7. The Contract Between the Patient and the Physician
   1. Express and Implied Contract
      1. Dingle v. Belin (handout)
      2. Notes and Questions
8. The Standard of Care
   1. Establishing the Standard of Care
      1. Hall v. Hilbun, p. 284
      2. Notes and Questions
         1. Expert Testimony
   2. Practice Guidelines as Codified Standards Of Care
      1. Van Tassel, K., Hospital Peer Review Standards and Due Process: Moving from Tort Theory to Contract Principles, pp.1241-end.
      2.  
      3. Hinlick v. Dreyfus, p. 299
   3. Altering the Burden of Proof, pp. 308-311
      1. Res Ipsa Loquitur
         1. Ybarra v. Spangard (handout)
         2. Notes and Questions
      2. Shifting the Burden of Persuasion
   4. Other Methods of Proving Negligence pp. 308-311
      1. Problem: Evidentiary Hurdles, p. 311
9. Judicial Risk-Benefit Balancing
   1. Helling v. Carey, p. 314
   2. Notes and Questions
10. Other Theories
    1. Negligent Infliction of Mental Distress
       1. Oswald v. LeGrand (handout)
       2. Strasel v Seven Hills, p. 321
       3. Notes and Questions
    2. Duties to Contest Reimbursement Limits
       1. Wickline v. State, p. 328
       2. Notes and Questions
       3. Problem: The Hospital Revolving Door, p. 337
    3. Fraudulent Concealment and Spoliation of Evidence Actions (handout)
11. Defenses to a Malpractice Suit
    1. The Respectable Minority Rule, Two Schools of Thought Rule and the Honest Error Rule
       1. Chumbler v. McClure, p. 338
       2. Henderson v. Heyer_Schulte Corp., p. 338
       3. Notes and Questions
       4. Problem: To Monitor or Not?, p. 341
    2. Clinical Innovation
       1. Procedure Innovations
          1. Brook v. St. John's Hickey Memorial Hospital, p. 343
          2. Notes and Questions
       2. Drug Therapy Innovations
          1. Richardson v Miller, p. 347
          2. Notes and Questions
    3. Affirmative Defenses
       1. Good Samaritan Acts
          1. McKenna v. Cedars of Lebanon Hospital (handout)
          2. Notes and Questions
       2. Statute of Limitations
          1. Hardi v Mezzanotte, p. 362
    4. Contributory Fault of the Patient
       1. Ostrowski v. Azzara, p. 369
       2. Notes and Questions
       3. Problem: The Eyes Have It (handout)
       4. Problem: The Difficult Patient, p. 378
12. Causation Problems: Delayed, Uncertain or Shared Responsibility
    1. Cause-In-Fact and Proximate Cause
       1. Robins v. Carey, p. 378
    2. The Discovery Rule
       1. Mastro v. Brodie (handout)
       2. Notes and Questions
    3. Multiple Defendants
       1. Joint Tortfeasor Doctrine
       2. Multiple Defendants and Burden Shifting
    4. Alternative Causal Tests
13. Damage Innovations
    1. The "Loss of a Chance" Doctrine
       1. Herskovits v. Group Health Cooperative of Puget Sound, p. 383
       2. Notes and Questions
       3. Problem: The Patient's Choice?, p. 392
    2. Increased Risks and Fear of the Future
       1. Petriello v. Kalman (handout)
       2. Notes and Questions
    3. Punitive Damages
       1. Problem: The Toxic Dentist (handout)

¹ All abstracted cases and all texts and notes within the prescribed pages are included in the assignment unless specifically excluded.