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HL 430 – Malpractice in Health Care Law


This CE course focuses on the major components of Medical Malpractice in Health Law, past and present.  The goal of this course is to provide the student an in-depth understanding of the legal and ethical principles surrounding medical malpractice, as well as strategies and techniques used to prevent and address it. Your course content begins with an overview of the legal and ethical issues that are involved in medical malpractice actions. We will discuss the causes and the elements of medical malpractice, including a review of various strategies and defenses used in the harsh reality of medical malpractice suits the pits doctors against their patients. In addition, our text includes real-world case studies and examples designed to help readers understand the complexities and nuances of medical malpractice.  Reading and understanding the decisions made in the many case studies in the text is imperative to your learning. Our case studies a fascinating as you read understand and sometimes question how court decisions are made. The importance of identifying the many issues that exist in the minefield of medical malpractice is paramount in our studies. Accountability for outcomes and quality is as related to the duty of care and standard of care concepts is put in perspective. A multitude of medical malpractice defense models are also explained in relation to the strategies that may be employed in given circumstances.  The understanding of why the failure to diagnose is the most common allegation in liability lawsuits. An understanding of the process of proving negligence from the malpractice perspective is reviewed. The refusal rate of potential malpractice suits is explained from the attorney’s perspective. The reasons for the practice of defensive medicine are discussed as well as the understanding of the Good Samaritan laws. We also look at the many influences of policy setting practices that happen in the U.S healthcare system and legislation that affects the medical malpractice climate. This course will expose any prospective or experienced consultant or expert witness to the many contemporary issues they need to be conversant and familiar with in order to be successful in their jobs.

Course Code: HL 530

Contact hours of continuing education = 50.

Instructor/Course Author: Mark C. Barabas, BS, DHA, FACHE

Link to Resume


TEXTBOOKS: There is one (1) required textbook for this course.

Medical Malpractice in Health Law: A Guide for Physicians, Hospitals and Healthcare Professionals, Adeyemi Oshunrinade,  Outskirts Press (April 22, 2023)

ISBN 10: 1977262651
ISBN 13: 978-1977262653

Link to Purchase on click here

TIME FRAME: You are allotted two years from the date of enrollment, to complete this course. There are no set time-frames, other than the two year allotted time. If you do not complete the course within the two-year time-frame, you will be removed from the course and an “incomplete” will be recorded for you in our records. Also, if you would like to complete the course after this two-year expiration time, you would need to register and pay the course tuition fee again.

GRADINGYou must achieve a passing score of at least 70% to complete this course and receive the 50 hours of awarded continuing education credit. There are no letter grades assigned. You will receive notice of your total % score. Those who score below the minimum of 70% will be contacted by AIHCP and will be permitted one more attempt to retake the online examination.

BOARD APPROVALS: The American Institute of Health Care Professionals (The Provider) is approved by the California Board of Registered Nurses, Provider number # CEP 15595 for 50 Contact Hours. Access information

Course Refund & AIHCP Policies: access here


  • Examination Access: there is link to take you right to the online examination program where you can print out your examination and work with it. All examinations are formatted as “open book” tests. When you are ready, you can access the exam program at anytime and click in your responses to the questions. Full information is provided in the online classrooms.
  • Student Resource Center: there is a link for access to a web page “Student Resource Center.” The Resource Center provides for easy access to all of our policies/procedures and additional information regarding applying for certification. We also have many links to many outside reference sites, such as online libraries that you may freely access.
  • Online Evaluation: there is a link in the classroom where you may access the course evaluation. All students completing a course, must, without exception, complete the course evaluation.
  • Faculty Access Information: you will have access to your instructor’s online resume/biography, as well as your instructor’s specific contact information.
  • Additional Learning Materials: some faculty have prepared additional “readings” and /or brief lecture notes to enhance your experience. All of these are available in the online classrooms.

COURSE OBJECTIVES: Upon completion of this course, you will be able to:

Chapter 1.

  • Define the many interpretations of the definition of Health
  • Understand what constitutes an illness within the meaning of a health insurance policy
  • Study the Katskee v. Blue Cross Blue shield of Nebraska.

Chapter 2.

  • Recognize what Due Care demands
  • Appreciate the medical standard of care
  • Study the Helling v. Carey case

Chapter 3.

  • Understand how negligence is proven in medical malpractice cases
  • Define the 5 elements of negligence
  • Discuss the Duty of Care and how it relates to multiple case studies
  • Review emotional distress damages
  • Explore multiple liability situations

Chapter 4.

  • Distinguish between criminal negligence and gross negligence
  • Study multiple cases that relate to criminal and gross negligence
  • Explain why most malpractice suits are civil trials and not criminal trials
  • Define when a hospital/employer is responsible for the actions of a doctor or employee

Chapter 5.

  • Understand the meaning of Strict Liability
  • Recognize when circumstances may provide for liability without proof of negligence
  • Study Pharmacist liability in dispensing prescription drugs case

Chapter 6.

  • Appreciate the meaning of informed consent
  • Study the Truman v. Thomas, Canterbury v. Spence, Johnson v. Kokemoor and Moore v. Regents of the University of California cases
  • Describe the patient’s demand of risk disclosure, negligence as a cause of action and conflict of interests’ disclosures
  • Identify exceptions to the rule of disclosure
  • Explain informed consent in healthcare institutions

Chapter 7.

  • Define Healthcare institutional liability
  • Discuss Vicarious liability of healthcare institutions
  • Understand the Captain of the Ship Doctrine
  • Review the significance of an Agency Relationship
  • Describe the Ostensible Agency Doctrine
  • Outline the Non-Delegable Duty Doctrine
  • Identify the direct liability of hospitals
  • Discuss the duties of care to patients
  • Explain the Corporate Negligence of hospitals
  • Determine when Credentialing is Negligent
  • Study multiple cases that relate to each objective of this chapter

Chapter 8.

  • Review the granting of hospital privileges in medical practice
  • Appreciate the process involved in the granting of hospital privileges
  • Relate the Joint Commission’s privileging standards actual medical staff appointments
  • Study the Sokol v. Akron General Medical Center case

Chapter 9.

  • Understand liability as it relates to Insurers and Managed Care Organizations
  • Review how state regulations of Managed Care Organization affect the quality of care
  • Describe the Prompt payment standard
  • Study the Lubeznik v. Health Chicago Inc. case

Chapter 10.

  • Review Bioethics topics in Medicine
  • Understand Abortion regulation
  • Define wrongful Birth as it relates to assisted reproduction
  • Discuss the Origin of the Brain Death Phenomenon
  • Outline the constitutionality and jurisprudence of assisted suicide and right to die issues
  • Compare the rights of patients with decisional capacity and patients without decisional capacity
  • Study multiple cases as they relate to the objective for this chapter

Chapter 11.

  • Describe Dental Malpractice situations
  • Determine how Dental Malpractice is proven
  • Study Williams v. Sahay and Silveri v. Glaser as they relate to Dental Malpractice

Chapter 12.

  • Outline the Defenses of Medical Malpractice
  • Discuss the Standard of Practice Defense
  • Review the “Two Schools of Thoughts” Doctrine
  • Introduce Clinical Innovation as a Defense
  • Appreciate the Good Samaritan Defense
  • Understand when the patient’s contributory negligence is used as a Defense
  • Determine the impact of the “Learned Intermediary Rule”
  • Define when Informed Consent becomes a defense
  • Identify the multiple Reverse Elements Defenses
  • Study the multiple cases in this chapter as they relate to the chapter objectives



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