Medical Care Law

Chapter 2 - Civil Claims And Monetary Damages

Highlights

Most medical care law is civil law.

Civil cases can be brought by the government or by private citizens.

Civil cases cannot be used to imprison.

Defendants have fewer rights in civil cases than in criminal cases.

Civil cases can result in huge damage awards.

Health care practitioners must understand the civil law standards for medical care to avoid medical malpractice litigation.

Introduction

Types Of Claims

Personal Injury

Contract and Property Claims

Divorce, Custody, and Incompetence

Statutory Causes of Action

Procedural Aspects Of Civil Actions

Discovery

Standard of Proof

Right to Counsel

Proving Medical Malpractice

Duty

Standard of Care

Res Ipsa Loquitur

Negligence Per Se

Intentional Torts

Sexual Assault

Causation

Establishing The Standard Of Care

The Expert's Role

Schools of Practice

The Locality Rule

The Importance of Setting Objective Standards

Malpractice Considerations in Pediatrics

Acute Medical Care

Long Statutes of Limitation

Nonmonetary Remedies

Monetary Damages

Direct Economic Damages

Lost Earnings

Medical Expenses

Preexisting Illness

Future Medical Costs

Rehabilitation and Accommodation

The Strategic Value of Medical Expenses

Indirect Economic Damages

Pain and Emotional Distress

Consortium

Punitive Damages

The Collateral Source Rule

Strategies for Paying Damages

Lump Sum Payments

Structured Settlements

Products Liability

The Legal Risks of Safety Devices*

Filtering Data

Fetal Monitors

Pulse Oximeters

Lessons for Technology Assessment

Defensive Medicine

Technology-Oriented Medicine

Diagnosis and Testing

Specialty Blinders

References

Suggested Readings