Printable Version

Fall 2012
5397 Hospital Law & Ethics - ANDERSEN- 34805
time/day = TBA, 4-4-12; new prof 4-5-12

Professor(s): Nathan Andersen (ADJUNCT)

Credits: 3

Course Areas: Health Law 

Time: 2:30p-4:00p  TTh  Location: 213  BLB

Course Outline: We will explore a series of topics that will touch on what a hospital based attorney may encounter. Among these will be discussions related to the legal aspects of:
1. Access to care, the hospital-patient relationship, and informed consent as it relate to the hospitalized or institutionalized individual
2. The physician and other professionals as employees of a provider
3. Legal aspects of medical research and clinical trials and compliance; sponsored research
4. Conflicts of Interest, conflicts of commitment, and the relationship of the institution and its professional staff to outside pressure or inducement
5. The confidentiality of patient information and preliminary research findings
6. Legal aspects of responsibility with regard to publication; the peer-review process and the legal implications of “ghost-writing”
7. Ethics, especially beyond the end-of-life questions; the formation and constitution of ethics committees, and the various legal and professional perspectives involved
8. A legal overview of the present health-care legislation; what new role hospital attorneys are likely to play
9. Institutional (in contrast to individual provider) malpractice and defense and risk
10. Biological waste as property, and ownership thereof
11. The credentialing process

The course will look at case law and readings, and it will involve class discussion and opinion. Adequate preparation of the assigned material will be required, as the course cannot succeed otherwise. The reading assignments will range from moderate to extensive. Some formal lectures will be offered by both the instructor and guest lecturers. The course will be sufficiently flexible so that room for significant discussion of timely events will be allotted. The class will vote during the first session as to if they wish to have a take-home open-book exam to be completed over a designated number of hours, or a standard formal three-hour “blue-book” (or computer) exam, to be graded and curved according to the policies of the Law Center. All participants will be required to comply with the selected examination form. As per school requirements, the eighty percent attendance rule holds. See me for problems; remember, computers are great, but don’t play games or surf the web while in class; computer use for finals as per school regulations; keep cell phones and pager on vibrate or turn them off.

Course Syllabus:

Course Notes:   


First Day Assignments:

Final Exam Schedule: Take Home      

This course will have:

Satisfies Skills Course Requirement: No
Satisfies Senior Upper Level Writing Requirement: No

Experiential Course Type:

Bar Course: