medical malpractice

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medical malpractice

Negligent conduct or unreasonable lack of skill in the performance of a medical task, either on the part of a physician or a party (e.g., a healthcare facility) in which that act or task occurs.
 
Statistics, US
In a 5-year period, 48% of surgeons and surgical specialists, 34% of obstetricians, 34% of anaesthesiologists and 15% of other physicians had had malpractice claims; 85% of all payments were made on behalf of 3% of policy holders.

Elements to be proven for plaintiff to prevail
• Duty—The plaintiff must prove the existence of a legal relationship (i.e., a duty between himself and the defendant);
• Breach of duty—Once duty is established, the plaintiff must prove that the physician breached that duty by failing to comply with accepted standards of care by malfeasance (an act not conforming to accepted standard of practice) or by non-malfeasance (failure to perform an act expected under the circumstances);
• Damages—The plaintiff must prove that he or she has sustained some injury as a result of the alleged negligent act, which can translate into a monetary value: either compensatory (tangible; as in lost wages, lost earning capacity, medical expenses) or punitive (intangible; often in the form of “pain and suffering”, where multimillion-dollar awards are not uncommon); and
• Causation—The plaintiff must prove a reasonable connection between the alleged negligent act or omission of the defendant and the suffered injury.

medical malpractice

Law & medicine Negligent conduct or unreasonable lack of skill in the performance of a medical task, on the part of a physician or a party–eg, a health care facility in which that act or task occurs Statistics, US In a 5-yr period, 48% of surgeons and surgical specialists, 34% of obstetricians-anesthesiologists and 15% of other physicians had malpractice claims; 85% of all payments were made on behalf of 3% of policy holders. See Abandonment, Assault and battery, Blood shield laws, Borrowed servant doctrine, Causation, Compensatory damages, Confidentiality, Consent, Contributory neglect/negligence, Countersuit, Damages, Defensive medicine, 'Difficult Pt. ', DNR, Emergency doctrine law, Emergency psychiatric committment, Emotional distress, Expert witness, Frivolous lawsuit, Liability, Good Samaritan laws, Informed consent, Jehovah's Witness, Medical record, Misdiagnosis, Negligence, Patient-physician relationship, Punitive damages, Quinlan case, Referral and consultation, Res ipsa loquitur, Respondeat superior, Standard of care, Statute of limitations, Therapeutic privilege doctrine, Tort, Wrongful birth.
References in periodicals archive ?
The American Medical Association has been pressing hard for Congress--now with Republican majorities in both chambers--to enact a $250,000 cap on the amount a med mal plaintiff can collect in non-economic damages.
PI, WC, Social Security, Med Mal, Mass Tort, Defense, etc.
Capson does more than just reduce the hassle and cost of med mal insurance for physicians: Capson is delivering a new standard of protection, which starts with helping to prevent conflicts in the first place by improving the patient-physician relationship," said Capson founder Maury Magids, former president of American Physicians Insurance Company (API).
She noted that Sweden and Denmark have nontort compensation systems for med mal, and the rate of claims is 5 and 6.
Schwartzman is a key player in the Department's stellar line up and is currently playing an important role in developing reform proposals for med mal and title insurance.
Unique/Special Coverages Offered: Most Classes--Can combine GL and E&O on one policy; Mold Remediators--GL, E&O and Pollution on one policy; Entity Med Mal - Can extend coverage from the entity to contract physicians/staff
Oh, sure, some reader will send me headlines about a big med mal punitive award someplace, but I also get summaries of the appellate decisions, and many of those are reduced or reversed on appeal.
Paul once had 70 percent of the national market share in med mal, and they took their ball and went home," he said.
We believe medical malpractice is in desperate need of innovation and that a new standard of med mal protection is an essential part of meaningful medical malpractice reform that will benefit both patients and physicians.
Stopping short of declaring unconstitutional legislative changes to the Florida Evidence Code about out-of-state expert witnesses in med mal cases, the Florida Supreme Court declined to adopt procedural rule changes to accompany the new law "due to the concerns raised.