Malpractice Claims by Non-Patients: How is that My Problem?

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.

Objectives:

• • 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