medical malpractice

(redirected from Medical malpractice lawsuits)
Also found in: Legal, Wikipedia.

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 ?
Surprisingly, despite the frequency of avoidable errors, very few wind up as medical malpractice lawsuits.
Physicians, along with healthcare industry representatives, proponents of tort reform, and conservative lawmakers, allege America's medical malpractice crisis fuels exorbitant malpractice insurance premiums, causes younger physicians to migrate away from high-risk specialties, and adds to the sharp escalation of healthcare costs, all resulting from medical malpractice lawsuits flooding the civil justice system.
The Minnesota legislature had enacted a law for the purpose of eliminating nuisance medical malpractice lawsuits by requiring plaintiffs to file expert affidavits verifying that their allegations of malpractice were well-founded.
According to court documents, Kamrava has been named in at least five medical malpractice lawsuits since 1991.
Plaintiffs won roughly one out of four medical malpractice lawsuits, according to a report last year by the U.
Speaking at a White House Economic Conference, Bush called for limits on damages in medical malpractice lawsuits as a means of curbing rising healthcare costs.
Most recently, doctors seeking to restrict medical malpractice lawsuits have worked with corporate front groups like Texans for Patient Access and Californians Allied for Patient Protection.
Creating methods that stipulate how medical malpractice lawsuits are initiated at the outset would help.
Tort reform efforts--legislative initiatives aimed at limiting product liability and medical malpractice lawsuits against care providers--continue to tackle some of the biggest challenges facing assisted living in the public policy arena today.
Perry had campaigned for the amendment, which retroactively ratifies a law passed in the last legislative session capping damages in medical malpractice lawsuits immediately at $250,000 per physician and $250,000 per hospital or nursing home.
For psychiatrists practicing in a disaster, that probably sounds kind of ridiculous," but beside manner is a detail frequently cited in medical malpractice lawsuits.
The cries for reform of the medical liability market in Pennsylvania are becoming frantic, prompting the state Legislature to push through a bill designed to limit medical malpractice lawsuits and commit to major reform efforts.

Full browser ?