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 ?
We are so pleased that David has joined the MedMal Direct team to help take us to the next level.
Butler Ball, Chief Executive Officer of MedMal Direct, said, “We are so pleased that David has joined the MedMal Direct team to help take us to the next level.
Last year, Jones required medmal insurers to submit rate filings to the Department of Insurance to justify their current rates.
By using our direct-write distribution model, we avoid the middleman and we are able to pass on the savings to the physician," said Butler Ball, CEO of MedMal Direct.
David has long been one of Florida's top MPL insurance agents and is well-respected in the industry, said MedMal Direct chief executive officer Butler Ball, As a businessman who has built his career and reputation as an independent insurance agent, it speaks volumes about our distribution model and our continued success that David would choose to join our team.
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Some argue that medmal cases affect health care costs.
LexisNexis[R] MedMal Navigator(SM)provides medical litigators with an express advantage: leveraging industry-first, interactive Q&A technology, the new tool guides users through the medical and legal information relevant to their case, helping them assess the value of a case and formulate the appropriate on-point strategy quickly, efficiently and cost-effectively.
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Jacksonville-based MedMal Direct Insurance Company just announced that it exceeded 1,000 insureds in September 2012.
Butler Ball, Chief Executive Officer of MedMal Direct, said, "As one of the most exciting and fastest growing medical professional liability insurance carriers in the country, we are so pleased that David has joined the MedMal Direct team to help take us to the next level.