Search results
Results from the WOW.Com Content Network
The negligent act is called legal malpractice and the insuring contract is called lawyers professional liability insurance. or LPL [3] Malpractice coverage is very important to attorneys because a bad case can produce a lot of bad publicity that can significantly harm a law firm's reputation. Nearly all LPL policies are claims made.
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]
Although a 'health care provider' usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in Columbia Medical Center of Las Colinas v Bush , 122 S.W. 3d 835 (Tex. 2003), "following orders" may not protect nurses and other non-physicians from liability when committing ...
Defensive medicine takes two main forms: assurance behavior and avoidance behavior.Assurance behavior involves the charging of additional, unnecessary services to a) reduce adverse outcomes, b) deter patients from filing medical malpractice claims, or c) preempt any future legal action by documenting that the practitioner is practicing according to the standard of care.
The National Practitioner Data Bank (NPDB) is a database operated by the U.S. Department of Health and Human Services that contains medical malpractice payment and adverse action reports on health care professionals. Hospitals and state licensing boards submit information on physicians and other health care practitioners, including clinical ...
Regulation also has emboldened malpractice insurance carriers to take cases all the way to trial, instead of settling the cases, because their potential exposure is capped. This significantly increases the cost of litigation. Those attorneys who do take medical malpractice cases are very careful only to take very large damages cases.
For premium support please call: 800-290-4726 more ways to reach us
Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions. [ 6 ] In Australia, medical malpractice and the rise in claims against individual and institutional providers have led to the evolution of patient advocates .