Table of Contents
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Mark A. Hall
Fred D. and Elizabeth L. Turnage
Professor of Law and Public Health

Wake Forest University

Mary Anne Bobinski
Dean and Professor of Law
University of British Columbia Faculty of Law
David Orentlicher
Samuel R. Rosen Professor of Law
Indiana University School of Law-Indianapolis

This is the website for Medical Liability and Treatment Relationships softbound volume.
  For the complete book, see the 6th edition website.

Table of Contents

You will find updates and other supplemental information for each chapter by clicking on the chapter title below or scrolling down on this page to the list of subsections for each chapter. At the list of chapter subsections, you will find that there is additional material for the sections of the chapter that have links.

Chapter 1: Introduction
Chapter 2: The Treatment Relationship: Formation and Termination
Chapter 3: The Treatment Relationship: Confidentiality, Consent and Conflicts of Interest
Chapter 4: Medical Malpractice


Chapter 1: Introduction

  1. Overview Cases
  2. The Nature of Medical Practice
    1. Doctors and Hospitals
    2. The Culture of Medicine
    3. The Phenomenology of Sickness and Healing
    4. The Nature of Medical Judgment
    5. Evidence-Based Medicine
  3. The Health Care Financing and Delivery System
    1. Insurance and Regulation
    2. The Crisis in Coverage and Spending
    3. Changes in Financing and Delivery Systems
Chapter 2: The Treatment Relationship: Formation and Termination
  1. The Duty to Treat
    1. The Duty to Accept Patients
    2. Wrongful Reasons to Reject Patients
  2. The Structure of the Treatment Relationship
    1. Forming a Patient-Physician Relationship
    2. Limiting the Scope of the Treatment Relationship
    3. Terminating the Treatment Relationship
  3. Regulating the Treatment Relationship
    1. Professional Licensure
    2. Facility Licensure and Accreditation
    3. Regulating Access to Drugs

Chapter 3: The Treatment Relationship: Confidentiality, Consent and Conflicts of Interest

  1. The Fiduciary Nature of the Treatment Relationship
  2. Confidentiality of Medical Information
    1. The Duty to Maintain Confidentiality
    2. The Duty to Breach Confidentiality
  3. Informed Consent
    1. Goals, Aspirations, Policies
    2. The Competing Disclosure Standard
    3. s
    4. Limiting Liability for Failure to Disclose
    5. Fiduciary Principles, Conflicts of Interest, and Novel Disclosure Obligations
    6. Human Experimentation and Research
Chapter 4: Medical Malpractice
  1. Medical Mistakes and Quality
    1. The Nature and Extent of Medical Error
    2. Approaches to Improving Quality of Care
  2. Physician Liability
    1. The Custom-Based Standard of Care
    2. Variations in the Standard of Care
    3. Qualification and Examination of Medical Experts
  3. Alternative Theories of Liability
    1. Res Ipsa and Negligence Per Se
    2. Ordinary Negligence
    3. Breach of Contract
    4. Vicarious Liability
    5. Strict Liability
    6. Products Liability
  4. Causation and Affirmative Defenses
    1. Causation
    2. Statutes of Limitations
    3. Affirmative Defenses
    4. Arbitration and Waiver of Liability
    5. Informed Consent Law
  5. Damages and Settlement
  6. Institutional Liability
    1. Hospital Liability
    2. Managed Care Liability
  7. Medical Malpractice Reform

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