The ELM Risk & Safety Institute is a self-study educational vehicle designed to alert physicians to legal issues which affect their clinical practice. It is not a source of legal advice for actual legal problems. The authors, producers, and sponsors are not offering legal advice. The opinions expressed in this course belong to the authors, and are not offered as the opinions or recommendations of the producers or sponsors. Although the case studies used in this course are based on actual medical malpractice cases, the facts have been adapted to illustrate various clinicolegal issues. Legal principles have been adduced from common law decisions, not from statutory or regulatory laws. Although information contained in this course is thought to generally reflect a nationwide approach to this field, the law of any one state may differ from that of the majority of states. Therefore, the principles expressed should not be used as a substitute for seeking legal advice from an attorney who is familiar with the laws of a specific locality. Legal considerations involved in medical malpractice claim adjudications arise in specific factual contexts that require case-specific analysis, interpretations and the applications of often times unclear or changing principles. Because of variations in fact patterns and local jurisdictions, specific consultation should be obtained before formal action is taken based on any information contained in this course. Information in this self-study program is not intended to be, and should not be used as a substitute for legal advice or contextually based claim adjudication. For specific guidelines on any actual or potential malpractice claim, or for an opinion on a specific liability exposure, consult an attorney.

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