malpractice


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Related to malpractice: Legal malpractice

malpractice,

failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services. Though accountants, lawyers, and other professionals can be charged with malpractice, the term is most commonly associated with medical professionals (e.g., doctors, nurses, hospital technicians.) Most medical malpractice suits are for negligencenegligence,
in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances.
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 on the part of medical professionals in providing expected level of care. In recent decades, partially as a consequence of medical costs, there has been a considerable expansion of medical malpractice suits, though the number of malpractice claims represents only a small percentage (about 3%) of all cases of actual negligence. The direct costs of malpractice, such as settlements and insurance premiums, have tended, however, to remain relatively constant (about 0.5%) with respect to overall medical spending during the last 20 years. Malpractice has led to significantly higher rates for malpractice insurance and, some studies indicate, a "defensive" approach to medicine in which medical personnel are unwilling to order any potentially risky procedures, and protect themselves against subsequent legal action through excessive patient testing and treatment that does not improve the outcome. The most significant medical costs increases are believed to result from excessive testing and treatment, which have been estimated to be as much as six times as great as direct costs. There have been a number of proposed solutions to the increasing burden of malpractice costs, including compensation boards, no-fault statutes, limits on the amount of damages available in various malpractice suits, and an annual limit on the amount that malpractice insurance premiums can increase. Under the Employment Retirement Income Security Act (1974), managed-care organizations are protected from claims for damages resulting from a denial of benefits.

malpractice

[mal′prak·təs]
(medicine)
Improper or injurious medical or surgical treatment, through carelessness, ignorance, or intent.
References in periodicals archive ?
She said the 108 schools, which consist of 84 public and 24 private secondary schools were 'seriously warned' by the West African Examinations Council (WAEC) for engaging in one form of examination malpractice or the other.
There is considerable state-level diversity in the magnitude of compensations that may be granted in medical malpractice contexts even in states that cap damages.
To know more about the system of doctor malpractice insurance services and agencies, visit the website.
Currently, no authorized medical malpractice insurer offers a second excess layer of coverage to its insured physicians, dentists or podiatrists.
The committee will only interview complainants and doctors for major malpractice cases which require testimonies from both sides and not all major cases which are clear and have straight forward outcomes.
Next the appellate court determined whether the circuit court properly dismissed the plaintiff's legal malpractice claim for lack of jurisdiction.
Doctors complain that malpractice insurance premiums are unreasonably high.
Respondents were asked about their knowledge regarding malpractice premiums, willingness to reduce patient-care activities and accept decreases in compensation.
The hospital moved for summary judgment, alleging that the patient did not comply with the state's medical malpractice statute and the statue of limitations for filing a medical malpractice suit had expired.
Meanwhile, federal legislation to place a $250,000 limit on jury malpractice awards failed in the Senate this week.
The doctrine of educational malpractice is, not surprisingly, an American construct.
Physicians put the cost of malpractice insurance and malpractice suits at the top of their concerns about health care and medicine in the United States--above health care costs and insurance companies.