Medical Malpractice: Standard of Care and Causation

In medical malpractice litigation, understanding how the standard of care is defined, and how it connects to causation, is critical for attorneys evaluating, prosecuting, or defending claims. In this dynamic and case-driven program, expert witness Dr. Kenny Stein, a board-certified physician with over 20 years of experience in emergency and internal medicine, unpacks the nuances of the legal standard of care, how it varies across jurisdictions, and the importance of context in determining liability. Using real-world cases, Dr. Stein explains how shifting factors, timing, communication, documentation, guidelines, and clinical judgment, can all influence whether a provider's actions meet or breach the standard. The course also examines causation in depth, including how a breach may or may not lead to damages depending on the specifics of each case. Designed for litigators, healthcare attorneys, and professionals working with expert testimony, this course provides practical insight into evaluating claims with a more informed and critical eye.

Learning Objectives:

1. Define the legal standard of care in medical malpractice cases and distinguish it from clinical guidelines or "gold standard" care
2. Analyze how jurisdiction, setting, provider role, and patient-specific circumstances affect the standard of care
3. Assess the relationship between breach of the standard of care and causation, including situations where harm may not be legally attributable
4. Apply real case studies to evaluate whether and how breaches, damages, and causation align for legal action
5. Identify key pitfalls and considerations in reviewing expert witness reports and determining case viability