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 way that is going to happen is, in a med mal case, someone will have an out-of-state expert not licensed in Florida.
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.
Capson members are receiving med mal protection that is not only more affordable but more robust and purposeful.
Legal-Bay operates in all 50 states, however they have a strong focus of funding Med Mal cases in: New York, Pennsylvania, Illinois, New Jersey, Florida, Nevada, and California.
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
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.
The type of expert who could testify in medical malpractice cases would be limited and med mal defendants and their insurers would be able to conduct ex parte interviews with the plaintiff's treating health care providers, under a bill approved by the Senate Judiciary Committee on March 18.
Tort reform, better financing, and a drive for patient safety have all contributed to the improved med mal market.