1. Liability and Insurance Seminar 5

2. What is Negligence? Conduct lacking due care Conduct lacking due care Commission Commission Omission Omission

3. What is malpractice? Professional negligence Professional negligence

4. Four Ds of Negligence Duty Duty

5. Four Ds of Negligence Duty Duty Dereliction Dereliction

6. Four Ds of Negligence Duty Duty Dereliction Dereliction Direct or proximate cause Direct or proximate cause

7. Four Ds of Negligence Duty Duty Dereliction Dereliction Direct or proximate cause Direct or proximate cause Damages Damages

8. Defenses to Negligence Denial Denial

9. Defenses to Negligence Denial Denial Contributory negligence Contributory negligence

10. Defenses to Negligence Denial Denial Contributory negligence Contributory negligence Assumption of the risk Assumption of the risk consent consent

11. Ethics Committee

12. Case 1 Case 1 Samantha is a 13 year old girl in the last stages of cancer. She doesn’t want further treatment because she knows it will not make her well. Her parents want the doctor to try a new experimental therapy. Samantha still refuses and says she doesn’t want to be in pain anymore. She is tired and wants to die. Samantha is a 13 year old girl in the last stages of cancer. She doesn’t want further treatment because she knows it will not make her well. Her parents want the doctor to try a new experimental therapy. Samantha still refuses and says she doesn’t want to be in pain anymore. She is tired and wants to die.

13. Ethics Committee Should the doctors be allowed to sedate Samantha a go ahead with the therapy? Should the doctors be allowed to sedate Samantha a go ahead with the therapy? Or should they do what Samantha wants and allow her to die? Or should they do what Samantha wants and allow her to die?

14. Ethics Committee Should she be allowed to receive a fatal dose of a drug if that is what she wants? Should she be allowed to receive a fatal dose of a drug if that is what she wants?

15. Ethics Committee Case 2 Case 2 Sarah and Mike have a baby boy who was born with severe spina bifida and hydrocephalus causing pressure on the baby’s brain. The doctors want to place a shunt to drain the fluid. Sarah and Mike are afraid of raising a child with so many health issues and are concerned about the child’s quality of life. Sarah and Mike have a baby boy who was born with severe spina bifida and hydrocephalus causing pressure on the baby’s brain. The doctors want to place a shunt to drain the fluid. Sarah and Mike are afraid of raising a child with so many health issues and are concerned about the child’s quality of life. What should Sarah and Mike do? What should Sarah and Mike do?

16. Ethics Committee Michael is an atheist and known for his efforts in 2000 to stop public schools from reciting the Pledge of Allegiance because it says the phrase “under God.” In 2005 he initialed a motion to have the words “In God we trust” removed from US currency. As late as last December he was still working on these appeals. Michael is an atheist and known for his efforts in 2000 to stop public schools from reciting the Pledge of Allegiance because it says the phrase “under God.” In 2005 he initialed a motion to have the words “In God we trust” removed from US currency. As late as last December he was still working on these appeals.

17. Ethics Committee Considering separation of church and state written in our US Constitution, do you feel Michael's actions are right? Considering separation of church and state written in our US Constitution, do you feel Michael's actions are right? Why or why not? Why or why not?

18. Questions?