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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.
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
Thus, when a patient claims injury as the result of a medical professional's care, a malpractice case will most often be based upon one of three theories: [10] Failure to diagnose: a medical professional is alleged to have failed to diagnose an existing medical condition, or to have provided an incorrect diagnoses for the patient's medical ...
This is negligence per se. There is no negligence per se doctrine in federal law. Four elements are deemed necessary for a statute to apply in a negligence case. First the person harmed must be a member of the class of persons which the law was intended to protect. Second, the danger or harm must be one that the law was intended to prevent.
Professional negligence actions require a professional relationship between the professional and the person claiming to have been injured by malpractice. [3] For example, to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer.
The "man on the Clapham omnibus" does not have that skill and the conduct expected from a skilled professional is not the same as could be expected of an ordinary man in the same circumstances. [1] The general standard applied to professionals is therefore that of a "reasonable professional", e.g. car mechanic, doctor etc.
Neglect includes the failure to properly attend to the needs and care of a patient, or the unintentional causing of injury to a patient, whether by act or omission. [3] Patient abuse and neglect may occur in settings such as hospitals, [4] nursing homes, [5] clinics [6] and during home-based care. [7]
Peer review is an organized effort whereby practicing professionals review the quality and appropriateness of services ordered or performed by their professional peers. Peer review in nursing is the process by which practicing registered nurses systematically access, monitor, and make judgments about the quality of nursing care provided by ...
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