Medical Error: The Next Generation of Law

SLN #: 17207
Course Prefix: LAW-791
Course Section: 034
Credit Hours: 2
Instructor(s): Saks
Course Books: View List of Books

Course Description:
The #3 cause of death in the United States after heart disease and cancer is preventable medical error. For each such death, several additional patients suffer severe injuries. We are 11 times more likely to die from a medical accident than from a car accident. The goal of this seminar is to explore, invent, and think hard about what the law could do to reduce those tragic numbers. We will begin by reviewing the history, nature and extent of the problem of medical error and injury, the nature and effects of traditional legal solutions (malpractice liability), and law reforms enacted in the past several decades (aimed mainly at weakening tort law as applied to the healthcare setting). With that as background, we will turn our attention to a search for innovative ideas for solving the problem of iatrogenic injury. What can the law do to help increase patient safety?

Each student will choose an innovative legal policy – possibly something that is currently being done, or experimented with, or under discussion in the U.S. policy world, or in place in another country, or a clever idea you (the student) invent –research it thoroughly, critically evaluate it, and present your findings and conclusions orally to the class and in a written paper.

The semester will be divided into two unequal halves:

I. Readings and discussion of major background topics to acquire a basic understanding of the problem of medical error and the conventional malpractice litigation response.

II. Presentations of and class discussion about your projects in progress.

Additional Information:
Credit Hours: 2
Grading Option: Letter Grade Only
Written Assignment: Nothing other than the semester paper
Graduation Writing Requirement: Yes*
Flexible/Upper-Level Writing Requirement: Yes*
Skills Requirement: No
Simulation Course: No
Note: Only one of the above listed requirements can be fulfilled with this course.
Experiential Learning: No
Seminar: No
Special Withdrawal Course: No
Limited Enrollment Number: 16
Final Exam Given: No
Paper Or In-Class Presentation: Yes
Participation Points: Yes
Attendance Policy: Per Statement Of Student Policies

* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.