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Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. [1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
A plaintiff must establish all five elements of the tort of negligence for a successful medical malpractice claim. [11] A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. A duty was breached: the provider failed to conform to the relevant standard care.
Variations in healthcare provider training & experience [45] [52] and failure to acknowledge the prevalence and seriousness of medical errors also increase the risk. [ 53 ] [ 54 ] The so-called July effect occurs when new residents arrive at teaching hospitals, causing an increase in medication errors according to a study of data from 1979 to 2006.
Three female doctors at the Harbor-UCLA Medical Center have filed suit against L.A. County, alleging it ignored years of complaints about Dr. Louis Kwong.
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional". [1]Professionals who may become the subject of malpractice actions include:
A Seattle-area plastic surgery provider accused of threatening patients over negative reviews and posting fake positive ones must pay $5 million to the state attorney general’s office and ...
The leaving of the hospital is officially termed discharge, and involves a corresponding discharge note, and sometimes an assessment process to consider ongoing needs. In the English National Health Service this may take the form of "Discharge to Assess" - where the assessment takes place after the patient has gone home. [2]
Kawaauhau v. Geiger, 523 U.S. 57 (1998), was a United States Supreme Court case in which the Court ruled that debt arising from a medical malpractice judgment, attributable to negligent or reckless conduct is dischargeable under the Bankruptcy Code. [1]