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 ?
As a result, a designer's current malpractice policy will be applicable and provide coverage to projects completed years ago.
A feed of current news related to legal malpractice prevention; and
According to a study by the RAND Institute, in more than half of the cases in which a California jury finds a medical provider to have killed a patient due to error or other avoidable malpractice, the cap causes the appropriate compensation found by a jury to be cut at least in half.
Finding a Good Lawyer is an Important First Step in the Medical Malpractice Claim Process
3-6) However, there does exist a centralized database of paid malpractice claims that may be reviewed to search for substandard care.
One landmark 1994 study (2) identified "problematic relationship issues" in 70 percent of plaintiffs' depositions from settled malpractice suits.
Offered under Farmers' subsidiary Truck Insurance Exchange, the privately held company collected about $230 million in medical malpractice insurance premiums during 2002, while the company generated about $13.
These numbers--when translated--indicate that frivolous (or even false) claims of malpractice contribute little to the volume of medical litigation and the drain on malpractice insurance companies.
The study also found that medical malpractice was a tiny factor in health care costs.
Let's send all these innocent doctors who have been sued for malpractice to work at Walter Reed hospital in Washington, D.
It also makes me wonder if the availability of gargantuan awards for medical malpractice cases affects peoples' health.