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 ?
at 108-09 (explaining how, in response to soaring malpractice insurance premiums in the 1980s, the American Society of Anesthesiologists (ASA) launched a study to determine the causes of claims filed against their members and, after analyzing over a thousand claims, concluded that at least a third of anesthesiology errors involved severe but preventable "adverse respiratory events").
He said that investigation of all alleged cases of teachers' involvement in examination malpractice would sanitise the teaching and redeem teachers' image.
The decision isn't a surprise in light of previous decisions but the trend clearly appears to be away from caps and towards treating medical malpractice plaintiffs similar to plaintiffs in other personal injury and wrongful death cases.
Ultimately, defensive medicine stems from physicians' fear of malpractice suits, which can impose reputational and psychological costs on them beyond any direct pecuniary costs.
(17) The court held that even though the underlying malpractice claim may have been time-barred, the tolling provision exception for minors under the age of six applied regardless of whether their claims were direct or derivative.
MIA is an independent P&C broker, specialising in providing medical malpractice insurance products to individual physicians, service groups and clinics across the country.
Across all specialties, higher average spending per year was associated with a lower probability of an alleged malpractice incident in the subsequent year.
The Link between the Rise of Malpractice Costs and the Distribution of Health Care
She has co-authored Georgia Legal Malpractice Law and California Legal Malpractice Law, which address the intricacies and nuances of Legal Malpractice law and issues that confront the new millennium lawyer.
It is a fact Physician malpractice insurance rates vary by practice.
The book is divided into two parts: legal malpractice comprises the first 13 chapters and attorney ethics is covered in chapters 14 to 26.
"In 1999, legislation was passed to dissolve the Medical Malpractice Insurance Association ('MMIA'), the market of last resort for medical malpractice insurance.