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.
Segen's Medical Dictionary. © 2012 Farlex, Inc. All rights reserved.

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.
McGraw-Hill Concise Dictionary of Modern Medicine. © 2002 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
The client originally retained Halstrom's firm to handle the med-mal case that was eventually filed in Suffolk Superior Court, Hicks v.
Only $1.03 per capita was spent on med-mal claims in 2014.
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Why did all these media outlets suddenly have the joint urge to report on increases in med-mal insurance premiums, and why did they all come to the same conclusion about the cause?
The Supreme Judicial Court's decision in a recent case will make it more difficult for poorer plaintiffs to pursue medical malpractice claims if their case has been rejected by a med-mal tribunal.
The ruling did not affect another controversial part of the bill that limits the pool of expert witnesses in a med-mal case.
of Minnesota, the largest carrier of medical liability policies, abandoned the med-mal business entirely in 2001, about 2,300 of Arkansas doctors lost their liability insurance coverage (see sidebar Page 14).
Paul Cos., from the sector in 2001, med-mal firms not only raised rates and tightened underwriting standards, but also benefited from tort reforms enacted in several populous states, according to the A.M.