Malpractice Claims by Non-Patients: How is that My Problem?
CE Credit: 1
Domain: Claims & Litigation
This presentation will discuss malpractice claims brought on by non-patients and how this new and expanding risk may affect an institutions' professional liability insurance coverage.
Lawsuits claiming that a third-party was injured by alleged malpractice present a puzzle for healthcare practitioners and judges alike. The trend in expanding liability brings up the need to reinforce understanding of the basic elements of a negligence case alleging medical malpractice: a duty of care, a breach of that duty, causation of injury, and damages. Historically the duty was based upon a physician-patient relationship. This presentation discusses the history, and the present trend, of expanding a doctor or hospital's liability to people who were never treated, such as motorists, family members, and crime victims. The discussion highlights recent cases from across the nation, with an emphasis on cases that will be coming up for decision by the courts in 2020 and in the future. The trend towards imposing liability in novel situations can be disturbing indeed. Finally, we will explore how this potential expanded liability affects professional liability insurance coverage in order to ensure that the provider or institution is adequately protected from this new and expanding risk.
- • Understand the elements of a medical malpractice claim and identify what situations do not make out such a claim
- • Develop an understanding of when a duty of care arises on the part of a provider and to whom that duty extends, and a sense of how to predict the expansion of potential liability
- • Recognize the limitations of a professional liability or general liability insurance policy
For questions regarding this webinar, contact ASHRMEd@aha.org
Robert G. Vizza is the partner in charge of Appellate Practice at Bartlett, LLP, a sixty-attorney law firm with offices in Nassau, Suffolk, and Westchester Counties in New York and in Florida. His practice involves defense of medical malpractice litigation as well as premises and workplace liability and civil rights actions.
Mr. Vizza has set precedent in several important appellate court decisions on issues such as the duty to third parties (non-patients), the doctrine of res ipsa loquitur, the distinction between medical malpractice and ordinary negligence, and Civil Rights violations.