Midterm Review

How I would approach a question for this class

How to perform well on an essay question in this class

Sample answer

Yesterday’s Example Question:

A plaintiff, Randal Briggs, has sued his doctor, Peggy Rice, for medical malpractice, alleging that she negligently performed a surgical operation to repair an injury to his leg that Briggs sustained when he fell off of his tractor on his farm in Iowa. Doctor Rice runs a small family medicine practice in the same rural town where Briggs lives. Rice plans to call as an expert witness Doctor Lucas Maxwell, whose family medicine practice is located next door to her own practice. Briggs plans to call as an expert witness Doctor Silvia Delgado from the University of Iowa who has written the textbook on the particular procedure Rice performed and who performs the procedure routinely in his practices in Iowa City, New York City, and Los Angeles. As the attorney for Doctor Rice, what is your best argument for why the trial court should not allow the jury to hear the testimony of Doctor Delgado?

Negligence per se

vs.

Prima facie case of negligence

The Exam Itself

Damages

Concept of Negligence

Procedural Issues

Proving Negligence & Res Ipsa

Medical Malpractice

Duties