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You will find updates and other supplemental information for each chapter by clicking on the chapter title below or scrolling down on this page to the list of subsections for each chapter. At the list of chapter subsections, you will find that there is additional material for the sections of the chapter that have links.

Chapter 1: Introduction
Chapter 2: The Treatment Relationship: Formation, Termination, and Regulation
Chapter 3: The Treatment Relationship: Confidentiality, Consent, and Conflicts of Interest
Chapter 4: Medical Malpractice

Preface

Chapter 1: Introduction

1. Overview Cases
2. The Nature of Medical Practice
1. Doctors and Hospitals
2. The Culture of Medicine
3. The Phenomenology of Sickness and Healing
4. The Nature of Medical Judgment
5. Evidence-Based Medicine
3. The Health Care Financing and Delivery System
1. Insurance and Regulation
2. The Crisis in Coverage and Spending
3. Changes in Financing and Delivery Systems

1. The Duty to Treat
1. The Duty to Accept Patients
2. Wrongful Reasons to Reject Patients
2. The Structure of the Treatment Relationship
1. Forming a Patient-Physician Relationship
2. Limiting the Scope of the Treatment Relationship
3. Terminating the Treatment Relationship
3. Regulating the Treatment Relationship
1. Professional Licensure
2. Facility Licensure and Accreditation
3. Regulating Access to Drugs

Chapter 3: The Treatment Relationship: Confidentiality, Consent and Conflicts of Interest

1. The Fiduciary Nature of the Treatment Relationship
2. Confidentiality of Medical Information
1. The Duty to Maintain Confidentiality
2. The Duty to Breach Confidentiality
3. Informed Consent
1. Goals, Aspirations, Policies
2. The Competing Disclosure Standard
s
3. Limiting Liability for Failure to Disclose
4. Fiduciary Principles, Conflicts of Interest, and Novel Disclosure Obligations
5. Human Experimentation and Research

1. Medical Mistakes and Quality
1. The Nature and Extent of Medical Error
2. Measuring the Malpractice System
3. Approaches to Improving Quality of Care
2. Physician Liability
1. The Custom-Based Standard of Care
2. Variations in the Standard of Care
3. Qualification and Examination of Medical Experts
3. Alternative Theories of Liability
1. Res Ipsa and Negligence Per Se
2. Ordinary Negligence
3. Breach of Contract
4. Vicarious Liability
5. Strict Liability
6. Products Liability
4. Causation and Affirmative Defenses
1. Causation
2. Statutes of Limitations
3. Affirmative Defenses
4. Arbitration and Waiver of Liability
5. Informed Consent Law
5. Damages and Settlement
6. Institutional Liability
1. Hospital Liability
2. Managed Care Liability
7. Medical Malpractice Reform

For questions or comments, please contact: healthlw@iupui.edu