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Course Details

Health Law in Practice (Dobkin)

Fall 2024   LAW 772-001  

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Additional Information
Experiential Course

Yes

Skills Training
Oral Presentations
Expository Writing

Grading
20% Participation,
80% Other (A series of written classroom assignments will be submitted, evaluated and graded. )

Satisfies Senior Writing Requirement

No
Classroom discussion is an integral part of the seminar, and students should be prepared to participate actively.

Location

Class meets in person.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- Class sessions are regularly recorded. If you are absent due to illness or some other unavoidable circumstance, contact Felicia Lin, the Dean of Students. Upon receipt of her authorization, I will email instructions to you for accessing the recording for the class session(s) you missed.

Meeting Times/Location
W 4:30PM - 6:20PM
Silverman Hall 240B

Category
Upper-Level

Credits
2.0

Prof. Lee Dobkin

Health Law Practice from the Inside

Health care is one of the most regulated industries in the United States, and intensely personal for its citizens, the vast majority of whom will encounter it directly or indirectly each year. Legal practitioners must synthesize complicated and occasionally conflicting authority, and apply it to challenging problems, often with limited time to fact gather and provide guidance. This course plans to examine topics including the physician/patient relationship, informed consent, patient privacy and confidentiality, medical malpractice and fraud and abuse, through the prism of those tasked with providing counsel to hospitals and physicians. While we will review relevant authority, our focus will be on how counsel should apply those rules, often imprecisely, to a series of case-based problems drawn from practice in this arena. An in-house perspective will be a fundamental characteristic of the class. A distinctive feature of such lawyering is the ability to communicate with, and guide, non-lawyers in a manner designed to demystify and uncomplicate the relevant law, however opaque it may be. For such internal clients, traditional legal memoranda, assessing the various arguments on one hand and then the other, are often of only limited utility. (It is a sphere in which the perfect often can be the enemy of the good). Whether one aspires eventually to practice in-house, or to be retained as outside counsel by such lawyers, this is a “language” worth studying.

The assessment for this course will be a combination of written exercises assigned in class, which will cumulatively count for 80 percent of the grade, and classroom participation, which will count for 20 percent.

Course Concentrations

Health Law Learning outcomes: Demonstrate a core understanding of health law and policy; Perform legal analysis in the context of health law and policy; Communicate effectively on topics related to health law and policy; Demonstrate an understanding of the interconnection among health law and policy and issues of access to services, public and private financing of health industries, and the political and economic issues surrounding issues of health law and health services.