Students will learn the essential principles upon which the American legal system is based. Statutory law, case law, case law precedent, administrative law, and the relationship between state and federal constitutional, statutory, and administrative common law will be discussed and analyzed. An explanation and discussion of the relationship between the various federal and state courts and the rule of precedent will be presented. Students will analyze and discuss actual appellate court decisions, statutes, and administrative regulations.

Defenses to Intentional Torts

Students will be taught the second step of "thinking like a lawyer," namely, identifying and using the various affirmative defenses to intentional torts. Included are discussions on consent, informed consent, self defense, and necessity. Hypothetical questions will be drawn from physicians' everyday experiences, and reported decisions.

Students will employ their newly learned analytical skills in a discussion of negligence and medical malpractice. The instructor will question students to elicit from the attendees the four basic elements of negligence, i.e., duty, breach, causation, and damages. Seminar participants will participate in the process by discussing cases in the course book and utilizing the legal principles learned in a never-ending stream of hypotheticals coming from the instructor. Hypotheticals will stress medical malpractice and ordinary negligence actions commonly faced by physicians. Included is the standard of care expected of a physician. Also stressed is causation in medical malpractice cases and the vicarious and joint liability of physicians for the acts of their employees and colleagues.

Lunch (Provided With Faculty)

Students will learn the various defenses to negligence and medical malpractice actions including comparative negligence, contributory negligence, assumption of risk, workers' compensation exclusivity, and charitable immunity. The effect of comparative negligence on liability and damages is explained. Students will be presented with hypothetical cases and asked to utilize the appropriate defenses.

How much money is a plaintiff entitled to in a personal injury or medical malpractice suit? This segment of the course will cover the various elements of damages including past and future lost wages, pain and suffering, loss of consortium, punitive damages, multiple damages, attorneys' fees, costs, interest, medical expenses, lost earning capacity, and emotional distress. A volunteer will be asked to "argue damages" before the class.

Break and Networking Opportunity

The role of the physician in the workers' compensation system will be explored. You will learn how the workers' compensation system works. Physicians will be instructed how to determine which injuries are compensable, what workers' compensation attorneys and hearing officers are looking for from physicians, and how to survive workers' compensation reform. The role of the physician in the Social Security disability system will be explored. Hypothetical cases will be utilized to facilitate the learning process.

If you are sued, what are your rights and duties under your general and professional liability policies? Included is a discussion of coverage, the duty to defend, the duty to indemnify, the control of the defense, and the cooperation clauses. Students will review and discuss actual and hypothetical general and professional liability contracts carried by physicians.

The categories of contracts including bilateral, unilateral, express, implied, option, and quasi contracts are explained. The three basic elements of contracts: offer, acceptance, and consideration are discussed. Also discussed is the doctrine of promissory estoppel. Hypotheticals will be based on situations commonly faced by physicians. Student volunteers will analyze and discuss seminal cases from the handout book with the instructor and fellow students.

Students will be questioned about and will themselves question the need, under the statute of frauds, for certain contracts to be in writing. Examples of the difficulties and misunderstandings that result from oral contracts and oral modification of written contracts will be presented through class exercises. The practical necessity and legal need to "get it in writing" is emphasized.

Students will learn the process through which a court ascertains the meaning of a contract or a contractual term. Also, students will learn when prior negotiations and understandings will be admitted into court to supplement the terms of a contract (the parol evidence rule). Hypotheticals involving physician employment contracts and covenants not to compete will be utilized.

Students will learn the various ways that a contract, or portions of a contract, can be nullified. The concepts of illegality, fraud, misrepresentation, duress, and undue influence will be covered. You will also learn when the obligations of a contract may be excused for reasons of impossibility, impracticability, frustration of purpose, and incapacity. Hypotheticals will be based on current contractual issues facing physicians such as employment, purchase and sales contracts, and managed care contracts.

Lunch (Provided With Faculty)
Note: The more compulsive participants will already be cramming for the "bar exam" the following morning.

Students will learn to identify, recognize, and understand the implications of the following types of contractual clauses: choice of forum, choice of law, arbitration, indemnity, limitation of liability, covenants not to compete, and liquidated damages. Students will review actual contractual clauses that they may face in their own practices and help identify their likely impact.

Students will learn what constitutes a breach of contract, anticipatory repudiation, and waiver. Available options and ways to avoid the operation of a waiver will also be covered. Hypotheticals involving medical issues will be utilized to demonstrate breach.

Break and Networking Opportunity

What is a party entitled to receive when their contract has been breached? The various remedies for breach of contract will be covered including money damages, consequential damages, and the role of reliance, foreseeability, and the duty to mitigate. Court-ordered remedies such as specific performance, injunctions, and restitution will be discussed. Students will be asked to identify breaches and determine the appropriate remedies including damages for hypothetical situations.

Utilizing the principles learned so far, physicians will split into groups and analyze and negotiate a sample contract. The results of the negotiations will then be shared with the group.

There will be an optional twenty-five question, multiple choice, written examination on the materials covered in the first two days.  The format of the examination will be based on the Multistate Bar Examination which must be passed by every new lawyer in the United States.  The exams will be graded during the day, and a commendation and award for the top scorer(s) will be presented at the conclusion of the program.

The professor will take the "mystery" out of the civil litigation process.  The essential components of a lawsuit are discussed and explained.  Included is a discussion of complaints, answers, affirmative defenses, discovery, motions, summary judgment, motions to dismiss, remedies, and appeals.  Students will discuss sample pleadings and court documents.

How do attorneys utilize the discovery process?  The various methods of discovery are explained.  These include interrogatories, requests for production of documents, depositions, subpoenas duces tecum, physical examinations, and requests for admissions.  An interactive and lively discussion of discovery disputes and abuses, including protective orders and sanctions, will permit physicians to understand how far attorneys can go and how to "fight back" against subpoenas for records and deposition testimony, trial subpoenas, being called as a "fact only" witness, and other commonly encountered problems.

Students are taught the constitutional and statutory rules as to when and where a lawsuit may be brought and when a person or entity may be subject to suit.  Physicians will learn under what circumstances they can be sued in states where they do not live or practice.  The class will discuss and argue motions to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) and lack of subject matter jurisdiction to F.R.C.P. 12(b)(1).

Students are taught the ins and outs of a civil trial.  Included is the role of the judge and jury, opening statements, burdens of proof and persuasion, summation, directed verdicts, judgments notwithstanding verdicts, jury deliberation and decision, and judgments.  Included is a discussion of common trial motions such as motions in limine, requests for limiting instructions, and motions for a new trial.  Alternative Dispute Resolution (ADR) processes such as mediation and arbitration are also discussed.  Seminar participants will actively participate in the learning process.

There will be a discussion of the basic rules and policies behind the Federal Rules of Evidence.  Students will learn why certain types of evidence are held to be inadmissible, even were it is relevant.  Students will be given the opportunity to object to and argue the admissibility of various pieces of proposed evidence.

The theoretical underpinnings of the hearsay rule are explained.  Also explained are some of the more important exceptions to the hearsay rule including statements for purposes of medical diagnosis or treatment (FRE 803[4]), records of regularly conducted activity (FRE 803[6]), learned treatises (FRE 803[18]), and admission by a party opponent (FRE 803[2]).  Students will be given the opportunity to object to and argue the admissibility of evidence based on the hearsay rule and its exceptions.

Students will learn the legal requirements for expert testimony.  Included will be a discussion of the landmark Daubert case limiting the admissibility of expert medical testimony.  Also included is a discussion of the rules regarding impeaching (i.e., discrediting) an expert witness.  Students will learn why an attorney is allowed to discredit an expert witness and how that process takes place.  Practical advice to protect from such assaults are given.  Demonstrations will be conducted utilizing student volunteers.

Students, working in teams, will make a brief opening statement and will conduct a direct and a cross-examination of a volunteer physician expert witness.  Objections can be made and the admissibility of evidence will be ruled upon by the instructor judge.  A brief closing argument will be made by each team.

The top scoring student(s) on the morning bar exam will be presented with an award and all students will be presented with Certificates of Completion.