Information on Medical Malpractice

A survey taken by the U.S. health care industry showed that between 44,000 and 98,000 people die each year as a result of medical malpractice. Prescription errors, misdiagnosis and improper procedure are the most common causes. Current laws work to protect health care providers from unnecessary claims by defining which cases will be heard and which ones won't.

Identification

Medical malpractice occurs whenever a member of the medical profession fails to follow the accepted standards of practice, whether intentionally, accidentally or out of ignorance. Such an act can endanger the health or welfare of a patient. This is considered a breach of trust and is classified as a misdemeanor in most states. To prove malpractice, a patient must provide evidence that shows cause, lack of duty and damages that resulted from the error. Laws vary from state to state, as does the definition of the act.

Function

Some states restrict charges that can be brought against a medical professional, using laws that define which cases qualify as medical malpractice suits. Typically a panel is assigned to review case specifics and ensure that they fall within statutory limits. Prompted by an increase in suits brought against medical personnel, these statutes are meant to keep the costs of malpractice and health care insurance down. This allows medical professionals to provide necessary but high-risk procedures, rather than avoid them for fear of litigation.

Types

Medical malpractice can happen in three ways. A professional who doesn't follow standard procedure in a particular instance, causing harm to a patient, commits ignorant malpractice. When a provider intentionally disregards standard procedure, she commits intentional malpractice. When a provider fails to follow sterilization procedures, or carries out a procedure while intoxicated, it is negligent malpractice. Intentional malpractice is the least common. Negligence is the most common cause of lawsuits.

Features

The law requires that any health care provider or facility obtain the informed consent of a patient. Informed consent includes advising patients about possible side effects from a medication or procedure and the projected effectiveness of a medication or procedure. Consent must be given before any action is taken. Medical malpractice mistakes include medication errors, such as allergies to a prescribed medication or adverse reactions as a result of combined medications. Misdiagnosing a condition or failing to inform a patient of risks involved with a procedure are also considered malpractice.

Significance

The rising costs of litigation vs. the need for proper patient care is an ongoing debate within health care legislation. Malpractice insurance rates have risen so much that some doctors are having difficulty staying in business. Frivolous claims involving negligence contribute to increasing health insurance premiums for consumers. Consumer groups want more emphasis on patient care, and less on establishing what constitutes malpractice. With 54 percent of paid claims being caused by just 5 percent of doctors in the United States, advocates further justify the need to better identify what constitutes proper care, as well as incompetence, within the health care profession.

Resources

• Medical Malpractive Resource Listings
• Medical Malpractice Attorney Listings