Law FAQ: What is medical malpractice?

Law FAQ: What is medical malpractice?

What is medical malpractice?

Medical malpractice occurs when a patient is injured as a result of medical treatment that falls below the acceptable standard of care within the medical community. Medical Negligence is another term for medical malpractice. Most medical malpractice claims result from one of the following:

• Failure to properly diagnose an injury or condition in a timely manner.
• Failure to provide proper treatment once a diagnosis is made.
• Failure to obtain informed consent prior to a medical procedure.

Who can commit medical malpractice?

Medical negligence claims can be asserted against a doctor, hospital, nurse, clinic, chiropractor, dentist, pharmacist, nursing home, or other health care provider.

What must be proved in a medical negligence case?

To prevail in a medical malpractice suit, a patient must prove:

• The recognized and accepted standard of care in the local medical community, or in a similar medical community.
• That the healthcare provider failed to act in accordance with the applicable standard of care (referred to as a violation or “breach” of the standard of care).
• That as

Medical Malpractice — No Wonder the Problem Persists

Medical Malpractice Problems

“There’s a medical malpractice litigation crisis!”

That’s the rally cry we hear over and over again.  It gets pounded into our collective pyche by the public relations machine of the AMA and the various Chambers of Commerce.

But what about bad doctors and the risks they pose?

Apparently it doesn’t matter.  Indeed, a report was released last month by the AMA’s own respected medical journal (JAMA) pointing out that fully one-third of doctors would refuse to report a fellow doctor who was incompetent.

Talk about scary.

How can the medical industry seriously lobby state and federal legislatures seeking limits on medical malpractice suits and damages when the doctors themselves acknowledge that they won’t even police their own ranks?!… Read the rest