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 ?
Held in co-operation with Takaful International Company, the seminar was attended by a group of physicians and medical professionals, as well as a number of experts in the field of medical malpractice insurance.
24 February 2016 - US-based insurance company The Hilb Group, LLC has acquired Ocean Township, New Jersey-based medical malpractice insurance provider PriMed Consulting, the company said.
There is considerable state-level diversity in the magnitude of compensations that may be granted in medical malpractice contexts even in states that cap damages.
Senior vice president and chief underwriting officer Carl Pursiano said, "With the healthcare sector positioned for strong growth over the next decade, this is the right time to expand our presence in the professional liability market and build upon our already successful medical malpractice offering.
In 1999, legislation was passed to dissolve the Medical Malpractice Insurance Association ('MMIA'), the market of last resort for medical malpractice insurance.
Evans' nursing experience and zealous trial advocacy skills have resulted in the successful pursuit of medical malpractice claims on behalf of those who have been catastrophically injured.
The court held, inter alia, that making a determination as to whether a case is one sounding in medical malpractice or one sounding in ordinary negligence is a question which must be treated as a question of law.
This discussion aimed at defining medical malpractice, its physical and mental effects on the patient and how to successfully communicate with the patient and his relatives when there is a medical malpractice.
20 hearing focused on medical malpractice reform at the federal level, tort reform, problems with defensive medicine, and doctor shortages in certain medical areas due to high malpractice insurance rates.
THE SUPREME COURT OF TENNESSEE HELD THAT BECAUSE THE COMPLAINT INCLUDED CLAIMS THAT THE DEFENDANTS WERE NEGLIGENT AS TO BOTH THE MEDICAL TREATMENT AND THE ORDINARY CARE THEY PROVIDED, THE TRIAL COURT ERRED BY GRANTING THE MOTION FOR PARTIAL SUMMARY JUDGMENT ON GROUNDS THAT THE GRAVAMEN OF THE COMPLAINT SOUNDED IN MEDICAL MALPRACTICE.
tort system in general and on medical malpractice claimants and their lawyers in general.
Thorpe, KE "The Medical Malpractice 'Crisis': Recent Trends and the Impact of State Tort Reforms" (paper presented at the Council on Health Care Economics and Policy conference, "Medical Malpractice in Crisis: Health Care Policy Options," Washington, D.

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