DUTY STANDARD OF CARE Based on the Was the injury due to the - PDF document

COPIC Medical Mock Trial Malpractice Legal action which results The Anatomy of a Professional from the alleged departure Liability Trial from generally accepted reasonable medical practice which results in harm to the patient Two Types of Law Elements of Malpractice Litigation 1. Criminal cases have a • Duty standard of proof which is beyond a reasonable doubt • Breach of Duty 2. Medical malpractice • Causation cases/personal injury have preponderance of • Injury/Damages evidence…the plaintiff has the burden DUTY STANDARD OF CARE Based on the • • Was the injury due to the failure to meet the physician/patient prevailing standard of care? relationship • Compared to what a provider in a given community in Can be from a phone call or the same specialty would do under similar • part of a managed care plan circumstances • Usually assumed • This leads to dueling experts

COPIC Medical Mock Trial CAUSATION INJURY/DAMAGES • Plaintiff attorneys start here Was the provider’s action the proximate cause of the injury? • Lawsuits from high wage earners or babies have the most downside The Effects of Stress So what gets doctors sued? • Poor communication • Blame displacement • Concern about standard of care – prevent further injuries • Wants an explanation • Accountability • Mad at the doctor • Winning the lottery Giving a Deposition What is a Deposition? Pitfalls When Giving a Deposition What is the purpose of a Deposition?

COPIC Medical Mock Trial Potential Pitfalls Watch Video Clips • Not being prepared • Not telling the truth • Volunteering information • Trying to show how smart you are • Showing frustration and being argumentative • Allowing authoritative references to dictate your answers • Guessing • Not listening to your lawyer Questions?