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 ?
Robert Hunter, former insurance commissioner of Texas and a Federal Insurance Administration official under Presidents Ford and Carter, "I expect, if not this quarter, then in another quarter or two, med mal will be down to the rate of inflation or less."
Paul and other carriers that backed out of the med mal line, including Farmer's, CNA and Medical Mutual of North Carolina.
(PI, WC, Social Security, Med Mal, Mass Tort, Defense, etc.)
Physicians' insurance policies and the med mal cap apply only to claims by patients, he explained.
She noted that Sweden and Denmark have nontort compensation systems for med mal, and the rate of claims is 5 and 6.7 times, respectively, as high as Florida.
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.
(PI, WC, Social Security, Med Mal, Mass "Tort, Defense, etc.)
Paul once had 70 percent of the national market share in med mal, and they took their ball and went home," he said.
Physicians insurance policies and the med mal cap apply only to claims by patients, he explained.