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In February 2011, President Barack Obama's administration announced a $250 million fund in the fiscal year 2012 budget for medical malpractice reforms, with special emphasis on health courts. [ 8 ] References
In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson. Medical professionals may obtain professional liability insurances to offset the costs of lawsuits based on medical malpractice ...
Malpractice or professional negligence – Negligence in the provision of a professional service causing harm to the claimant. Common varieties include medical malpractice and legal malpractice Negligence per se – Conduct which by its very nature gives rise to a presumption of negligence.
For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages. These concerns, often raised in response to efforts to reform healthcare , have not been well substantiated.
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