RELATED SEARCHES
Sponsored Medicalmalpractice Results:
Medical Malpractice Lawyer / Attorneys And Cases
By:
Published: January 31, 2007
Medical malpractice has been a buzzword in the American forum for over three decades-- since the middle of the 1970s. Medical malpractice lawyers or medical malpractice attorneys, usually known professionally as personal injury attorneys, have earned a dubious role in pop-culture iconography as ambulance chasers. As much as detractors stereotype victims of medical malpractice as greedy and their attorneys as even greedier, at the heart of medical malpractice are serious victims and the medical practitioners who were meant to improve or save their lives.
The legal definition of malpractice is a "professional's improper or immoral conduct in the performance of his or her duties, done either intentionally or through carelessness or ignorance and is commonly applied to [physicians, surgeons, and dentists] to denote negligent or unskillful performance of duties where professional skills are obligatory on account of the fiduciary relationship with [clients]".
In order for a plaintiff to prove a case of medical malpractice, he or she must prove four things. In broad, very stripped down terms from the Yale-New Haven Medical Center: (1) a duty was owed, (2) a duty was breached, (3) the breach caused an injury and (4) damage occurred.
Medical malpractice has drawn the national spotlight because of the sheer volume of suits and the potential impact on every person (since nearly everyone has at some point in their life sought medical treatment). According to a publication from the press room of the American Academy of Family Physicians, based on a sampling of medical malpractice suits filed and settled between 1985 and 2000, the statistics are staggering and unsettling. Of the 5,921 cases examined, 68% of the incidents occurred in an outpatient setting and are responsible for 1,200 deaths. The analyzed sample revealed that the reported negligent incidents would have severe consequences in hospitals, but the most severe consequences and the most instances of death occurred to patients receiving outpatient services. Of the ten most observed incidents of medical malpractice, no single incident was responsible for greater than 5% of claims, except in one case. Of the 5,921 medical malpractice cases, over 1/3 of the instances of medical malpractice was the result of diagnostic errors.
Based on the Academy of Family Physicians paper, acute myocardial infarctions (heart attacks) were responsible for 20% of medical malpractice cases and responsible for the highest occurrences of malpractice following diagnostic errors. Lung cancer, breast cancer, colon cancer, infant brain damage, appendicitis, meningitis, pulmonary embolism, diabetes, and symptoms related the abdomen and pelvis rounded out the most instances where medical malpractice was found. According to HealthGrades, the leading authority on health care ratings, on average nearly 195,000 people died yearly in 2000, 2001 and 2002 as a result of potentially preventable, in-hospital medical errors .
As one can imagine, the emotional and physical trauma inflicted on the victims of malpractice comes with a high price. As expected, the consequences of medical malpractice results in crushing costs from damages and punitive damages to the defendants. Advocacy groups have gone to the defense of health care providers. Tort reform advocates are championing proposals for dedicated medical courts, abolishing jury trials in medical malpractice suits, and establishing new court precedents. Other advocates suggest limits on fiduciary restitution.
Sources:
Gifis, Stephen. Barron's Dictionary of Legal Terms. Newark, New Jersey: Barron's Educational Series, Inc. 1998.
Malpractice Claim Reports Can Help Direct Prevention of Medical Errors, Study Says . American Academy of Family Physicians. 1 April 2004. 25 Jan 2007 <http://www.aafp.org/online/en/home/press/aafpn ewsreleases/april/malpractice.html>.
In Hospital Deaths from Medical Errors at 195,000 Per Year in USA .Medical News Today. 9 Aug. 2004. MediLexicon International Ltd. 25 Jan 2007 <http://www.medicalnewstoday.com/medicalnews.ph p?newsid=11856>.
The Four Elements .Yale-New Have Medical Center. 1997. Yale University School of Medicine and Yale-New Haven Hospital. 25 Jan 2007 <http://info.med.yale.edu/caim/risk/malpractice /malpractice_2.html>.
“Medical Malpractice.” Wikipedia. 25 Jan. 2007. 25 Jan 2007 <http://en.wikipedia.org/wiki/Medical_malpracti ce>.
The legal definition of malpractice is a "professional's improper or immoral conduct in the performance of his or her duties, done either intentionally or through carelessness or ignorance and is commonly applied to [physicians, surgeons, and dentists] to denote negligent or unskillful performance of duties where professional skills are obligatory on account of the fiduciary relationship with [clients]".
Related Articles
Medical malpractice has drawn the national spotlight because of the sheer volume of suits and the potential impact on every person (since nearly everyone has at some point in their life sought medical treatment). According to a publication from the press room of the American Academy of Family Physicians, based on a sampling of medical malpractice suits filed and settled between 1985 and 2000, the statistics are staggering and unsettling. Of the 5,921 cases examined, 68% of the incidents occurred in an outpatient setting and are responsible for 1,200 deaths. The analyzed sample revealed that the reported negligent incidents would have severe consequences in hospitals, but the most severe consequences and the most instances of death occurred to patients receiving outpatient services. Of the ten most observed incidents of medical malpractice, no single incident was responsible for greater than 5% of claims, except in one case. Of the 5,921 medical malpractice cases, over 1/3 of the instances of medical malpractice was the result of diagnostic errors.
Based on the Academy of Family Physicians paper, acute myocardial infarctions (heart attacks) were responsible for 20% of medical malpractice cases and responsible for the highest occurrences of malpractice following diagnostic errors. Lung cancer, breast cancer, colon cancer, infant brain damage, appendicitis, meningitis, pulmonary embolism, diabetes, and symptoms related the abdomen and pelvis rounded out the most instances where medical malpractice was found. According to HealthGrades, the leading authority on health care ratings, on average nearly 195,000 people died yearly in 2000, 2001 and 2002 as a result of potentially preventable, in-hospital medical errors .
As one can imagine, the emotional and physical trauma inflicted on the victims of malpractice comes with a high price. As expected, the consequences of medical malpractice results in crushing costs from damages and punitive damages to the defendants. Advocacy groups have gone to the defense of health care providers. Tort reform advocates are championing proposals for dedicated medical courts, abolishing jury trials in medical malpractice suits, and establishing new court precedents. Other advocates suggest limits on fiduciary restitution.
Sources:
Gifis, Stephen. Barron's Dictionary of Legal Terms. Newark, New Jersey: Barron's Educational Series, Inc. 1998.
Malpractice Claim Reports Can Help Direct Prevention of Medical Errors, Study Says . American Academy of Family Physicians. 1 April 2004. 25 Jan 2007 <http://www.aafp.org/online/en/home/press/aafpn ewsreleases/april/malpractice.html>.
In Hospital Deaths from Medical Errors at 195,000 Per Year in USA .Medical News Today. 9 Aug. 2004. MediLexicon International Ltd. 25 Jan 2007 <http://www.medicalnewstoday.com/medicalnews.ph p?newsid=11856>.
The Four Elements .Yale-New Have Medical Center. 1997. Yale University School of Medicine and Yale-New Haven Hospital. 25 Jan 2007 <http://info.med.yale.edu/caim/risk/malpractice /malpractice_2.html>.
“Medical Malpractice.” Wikipedia. 25 Jan. 2007. 25 Jan 2007 <http://en.wikipedia.org/wiki/Medical_malpracti ce>.
Featured Medicalmalpractice Products:
Recomended Links
