CARLISLE, Pa. — Law and medicine intersect in a variety of ways — yet most lawyers and physicians don’t have opportunities to learn and work inter-professionally during their training. That’s not the case for Dickinson Law students and Penn State Children’s Hospital pediatric medicine residents.
At its annual “Treating Medical Errors: A Medical-Legal Colloquium,” eight law students and nine pediatric medicine residents presented an abbreviated civil trial centered on the issues of proving and defending against claims of medical negligence in the Apfelbaum Family Auditorium and Courtroom in Lewis Katz Hall, Carlisle. Pediatric residents played the roles of defendant, expert witness for both the plaintiff and the defendant, and consultant to their respective legal teams. Sarah W. Arosell, 1990 graduate, partner and chair, Medical Malpractice and Healthcare, Thomas Thomas & Hafer in Harrisburg, presided over the trial, which was presented to a volunteer jury.
Organized by Medha Makhlouf, clinical professor law and director of the Medical-Legal Partnership Clinic, and Dr. Steven J. Wassner, professor of pediatrics at Penn State College of Medicine and chief of the Division of Pediatric Nephrology and Hypertension at the Children’s Hospital, the event educates physicians on the law of medical negligence. For law students, it brings to life the medical malpractice cases they’ve read by exposing them to real-life perspectives of practicing physicians.
“Law students come away understanding the complexity of the challenge that society faces in addressing medical errors,” said Professor Makhlouf. “They get a sense of the strengths and weaknesses of the tort system, and the pressures that physicians face in the practice of medicine.”
The mock trial took place in the morning, and the jury deliberated over lunch, delivering a verdict immediately afterward. Professor Makhlouf and Dr. Wassner then led a discussion on the merits of the case, as well as the legal system’s treatment of medical errors and possibilities for reform.
Second-year law student Emily Paul said that she takes advantage of opportunities like this to get practical experience inside of a courtroom. “What I enjoyed most about the colloquium was the mutual respect and admiration the law students and residents exhibited for each other. As law students, we needed help understanding the complex medical terminology and the residents were extremely knowledgeable. Our responsibility was to explain the elements of a medical negligence action and the intricacies involved with the trial. It was very rewarding to be able to use what I have learned in law school to teach others, all the while learning from the residents about medical phenome I have never been exposed to before.”
Dr. Wassner collaborated with Dickinson Law Interim Dean Gary Gildin more than 10 years ago to bring the colloquium to fruition after noting that medical residents had very little knowledge about the legal aspects of medicine or being an expert witness.
The colloquium gives the residents a view about the complexity of the legal system, their own potential role in a medical malpractice trial, what negligence is and what it isn’t, camaraderie and the importance of documentation,” said Dr. Wassner.
Prior to a trial prep meeting, the law students and pediatric medicine residents review a binder of discovery documents and secondary materials. About two weeks before the Colloquium, law students travel to the Children's Hospital to meet with the pediatric residents and educate them about the law of medical negligence. The residents, in turn, educate the law students about the medical issues in the case. Law students and residents spend the next two weeks communicating via phone and email to finalize their trial strategy and witness prep, and schedule an additional in-person meeting if needed. The law students and residents take the lead in all aspects of trial prep, with faculty serving as resources if questions arise.
“Getting to work with law students allowed me the opportunity to see how the practice of medicine is perceived through the eyes of people outside of health care,” said pediatric resident Nathan McConkey who served as a defense expert during cross examination. This was his first time participating in the colloquium.
“The legal profession, like many other professions, is enhanced when different skillsets work together in a multidisciplinary fashion to solve problems,” said Marc Wagner, first-year law student. “The colloquium allowed me to gain courtroom experience as well as work with not only other law students, but also medical residents who bring a different perspective and way of thinking about the intersection of health care and law.”
Marissa Lawall, a second-year law student interested in health care law, was on plaintiff’s counsel and cross examined the defense’s expert. “Collaborating with the physicians and seeing first-hand the process of how they assist in creating your theory of the case was very beneficial.”
New to Dickinson Law’s profession-ready curriculum for students with an interest in health law is the Medical-Legal Partnership Clinic, which started this fall. A partnership with Penn State Medical Group, law students in the MLP Clinic work alongside of physicians at an outpatient medical clinic in Harrisburg to screen patients for civil legal issues, such as the denial or termination of public benefits that are impacting their health. The law students and physicians engage in joint medical-legal advocacy to "treat" the health and legal issues. Learn more about the MLP Clinic, and view photos from the colloquium here.