Book chapter
Medical Malpractice Liability: Of Modest Expansions and Tightening Standards
The Oxford Handbook of U.S. Health Law
27 Jan 2017
Abstract
This chapter examines the processes of litigation arising from medical malpractice liability, changes in tort doctrine, and judicial responses to medical injuries. It first considers physician liability, with emphasis on evidentiary requirements for proving the medical standard of care and how expert testimony on the standard of care has increasingly relied on practice guidelines that articulate the parameters of the standards of care. It then turns to the Affordable Care Act with its emphasis on “best practices” and “practice guidelines,” along with defenses that are available against a malpractice suit. The chapter also looks at the importance of informed consent in promoting patient sovereignty in medical decision-making and alternative dispute resolution as a tool for reducing the risks of malpractice litigation and jury trials. Finally, it discusses the liability of hospitals, taking into account the agency doctrine and corporate negligence as well as nonhospital system liability and nonphysician liability.
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Details
- Title
- Medical Malpractice Liability
- Creators
- Barry Furrow - Drexel University
- Contributors
- Allison K Hoffman (Editor) - Law, University of Los AngelesI. Glenn Cohen (Editor) - Harvard UniversityWilliam Sage (Editor) - The University of Texas at Austin
- Publication Details
- The Oxford Handbook of U.S. Health Law
- Series
- Oxford Handbooks
- Publisher
- Oxford University Press
- Resource Type
- Book chapter
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Other Identifier
- 991020542589504721