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Medical Malpractice

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Medical Malpractice Zach Chambers Advanced Legal Research University of Denver College of Law Introduction Malpractice (mal-prak tis)- Mistreatment of a patient ... – PowerPoint PPT presentation

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Title: Medical Malpractice


1
Medical Malpractice
  • Zach Chambers
  • Advanced Legal Research
  • University of Denver College of Law

2
Introduction
  • Malpractice (mal-prak tis)- Mistreatment of a
    patient through ignorance, carelessness, neglect,
    or criminal intent
  • Source Stedmans Medical Dictionary, 27th
    edition

3
Introduction-Strong Medical Malpractice Claims
  • Dentists drill bit dropped down patients throat
    during dental procedure
  • 13-inch-long surgical instruments left in
    patients at University of Washington twice
  • Patient who went home from hospital chokes to
    death on latex surgical glove left inside his
    throat after treatment for asthma and emphysema
  • Diabetic patient wakes up after operation to find
    surgeon mistakenly cut off a foot and one toe
  • Man checks into cancer center for brain surgery
    and surgeon performs operation on the wrong side
    of the brain
  • Surgical tools are left in approximately 1,500
    patients each year in the U.S. Fatter patients
    are more prone to this due to extra space in
    body. (Source USA Today)

4
Introduction-Proving Medical Malpractice
  • Duty- Physician/ Patient Relationship
  • Standard of Care- National Standard/ Local
    Standard
  • Breach of Standard of Care- Negligence, Expert
    Witness Required
  • Cause of Injuries
  • Damages

5
Key Search Terms
  • Malpractice
  • Medical Malpractice
  • Physician
  • Surgeon
  • Hospital
  • Negligence
  • Medical Negligence
  • Contributory Negligence
  • Tort
  • Patient
  • Duty
  • Consent
  • Inform
  • Degree of Care/Skill
  • Liability
  • Surgical Operation
  • Medical Expert

6
Primary Authority
  • Cases
  • Statutes
  • Federal- U.S.C.A.
  • State- C.R.S.
  • Administrative Materials
  • Federal
  • Regulations- CFR
  • Agency Websites
  • State
  • Regulations- CCR
  • Agency Websites

7
Primary Authority-Cases
  • Key Numbers from Wests Descriptive Word Index
  • Physicians and Surgeons
  • Negligence or Malpractice
  • Generally, Phys 15(.5)-18.130
  • Actions for,
  • Generally, Phys 18.1-18.130
  • Acts or omissions in general,
  • Abandonment of case, Phys 15(6)
  • Diagnosis, Phys 15(7)
  • Disclosure to Patient, Phys 15(8)
  • Care and skill, degree required,
  • Exercising as well as possessing, Phys 15(2)
  • Persons required to exercise care, Phys 15(3)
  • Consent, informed,
  • Disclosure to patient, Phys 15(8)
  • Contributory or Comparative Negligence, Phys 17
  • Damages,
  • Generally, Phys 18.110
  • Elements in general, Phys 18.12
  • Evidence,
  • Admissibility, Phys 18.70
  • Expert testimony, necessity, Phys 18.80(6.1-9)
  • Hospitals, liability of, Hosp 7, 8
  • Particular Practitioners,
  • Generally, Phys 15(17.1-24)
  • Parties Liable,
  • Generally, Phys 16
  • Surgical Operations,
  • Generally, Phys 15(12-15)

8
Primary Authority-Federal Statutes
  • Military Personnel- Defense of Certain Suits
    Arising Out of Medical Malpractice, 10 U.S.C.A.
    1089
  • Malpractice Protection for the Department of
    State, 22 U.S.C.A. 2702
  • Professional Review, 42 U.S.C.A. 11111
  • Standard for Professional Review Actions, 42
    U.S.C.A. 11112
  • Duty of Hospitals to Obtain Information, 42
    U.S.C.A. 11135
  • Disclosure and Correction of Information, 42
    U.S.C.A. 11136
  • Tort Claims Procedure, 28 U.S.C.A. 2671

9
Primary Authority-State Statutes
  • Reporting of Medical Malpractice Claims, C.R.S.
    10-1-120 (2003)
  • Reporting of Medical Malpractice Claims Against
    Physical Therapists, C.R.S. 10-1-121 (2003)
  • Reporting of Medical Malpractice Claims Against
    Optometrists, C.R.S. 10-1-125 (2003)
  • Professional Liability Insurance Required, C.R.S.
    12-33-116.5 (2003)
  • Qualifications as Expert Witness in Medical
    Malpractice Actions or Proceedings, C.R.S.
    13-64-401 (2003)
  • Limitations of Actions- Medical or Health Care,
    C.R.S. 13-80-102.5 (2003)

10
Primary Authority-Federal Administrative
Materials
  • Code of Federal Regulations
  • Health Care- Department of Health and Human
    Services
  • Purpose, 42 C.F.R. 1003.100
  • Definitions, 42 C.F.R. 1003.101
  • Civil Money Penalties, 42 C.F.R. 1003.102
  • National Practitioner Data Bank for Adverse
    Information on Physicians and Other Health Care
    Practitioners
  • Applicability, 45 C.F.R. 60.3
  • Reporting Medical Malpractice Payments,
    Applicability, 45 C.F.R. 60.7
  • Requesting Information, Applicability, 45 C.F.R.
    60.11

11
Primary Authority-Federal Administrative
Materials
  • Agency Websites
  • Department of Health and Human Services
  • National Practitioner Data Bank for Adverse
    Information on Physicians and Other Health Care
    Practitioners

12
Primary Authority-State Administrative Materials
  • Code of Colorado Regulations
  • Colorado Department of Regulatory Agencies-
    Division of Insurance
  • Financial Responsibility Requirements for Health
    Care Institutions, 3 Colo. Code Regs. 702-2
  • Mass Merchandising of Property and Liability
    Insurance, 3 Colo. Code Regs. 702-5
  • Colorado Department of Human Services/ Social
    Services
  • Medical Services Board-Medical Assistance Manual,
    10 Colo. Code Regs. 2505-10
  • Colorado Department of Public Health and
    Environment
  • Alcohol and other Drug Abuse Treatment Rules, 6
    Colo. Code Regs. 1008-1

13
Primary Authority-State Administrative Materials
  • Agency Websites
  • Colorado Department of Regulatory Agencies-
    Division of Insurance
  • Colorado Department of Human Services/ Social
    Services
  • Colorado Department of Public Health and
    Environment

14
Frivolous Lawsuits?
  • A convicted burglar sues the state of New York
    for 10 million, claiming that poor medical care
    was the cause for amnesia that made him leave his
    work release job and forget to return to prison.
  • Man given 3 months to live by doctors quits job,
    outlives the prediction and sues doctors for lost
    earnings.
  • Man thought he saw demonic 666 sign on his hand
    while working at construction site, so he removed
    his hand with a circular saw, then refused to let
    doctors reattach it. Judge tells the doctors to
    abide by mans wishes, man sues doctors for not
    contacting his parents to overrule the judges
    decision.

15
Conclusion
  • Advise your clients to count their surgical
    tools, mark which side of the head to operate on,
    dont cut anything off theyre not supposed to,
    and hold on tightly to their drill bits.

16
The End
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