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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.
Doctors' groups, patients, and insurance companies have criticized medical malpractice litigation as expensive, adversarial, unpredictable, and inefficient. They claim that the cost of medical malpractice litigation in the United States has steadily increased at almost 12 percent annually since 1975. [26]
Academic articles Armstrong B A Question of Abuse: Where Staff and Patient Rights Collide – Hosp Community Psychiatry 1979 May;30(5):348-51. Burkin K, Kleiner BH (1998) "Protecting the whistleblower: preventing retaliation following a report of patient abuse in health-care institutions", Health Manpower Management, Vol.24 Issue 3 Pages 119–124
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.
A sister is charged with euthanizing her brother after he has medical problems. Jack Kevorkian: United States Michigan 1994 A medical doctor advocates for assisted suicide and the right to die. Robert Latimer: Canada Saskatchewan: 1993 A man euthanizes his child who has lived for years in pain. Karen Ann Quinlan case: United States New Jersey 1976
Ex-Governor Andrew Cuomo committed "medical malpractice" and publicly undercounted the total number of COVID-related nursing home resident deaths during the worst period of the killer pandemic, a ...
Dr. Allen Brenzel, medical director of Kentucky’s Department for Behavioral Health, Developmental and Intellectual Disabilities, testified in November of last year before state legislators that medication and counseling is “the most appropriate treatment.” Such official endorsements are not winning policy debates.
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.
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