Legal Definition of Medical Practice
Medical malpractice is a type of tort claim. All tort claims require four basic elements: duty, breach of duty, causation and damages. A medical malpractice claim requires those four elements but also uses stricter standards when determining whether there has been a breach.
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History
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Medical malpractice claims have been around in the United States for decades but have been the subject of much reform since the 1970s and 1980s. Most states have initiated legislative reforms that dictate under what circumstances a medical malpractice claim can be filed.
Time Frame
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Medical malpractice claims are subject to state statutes of limitations. While they may vary by state, most medical malpractice claims must be filed within two years of the injury or accident that gave rise to the claim. If a claim is not filed within the statute of limitations time period it is forever barred.
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Requirements
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A medical malpractice claim requires that the plaintiff aforementioned four elements. What sets medical malpractice claims apart from other tort claims is that unlike other tort claims, medical malpractice looks to the medical profession to establish their own standards of care.
Misconceptions
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As a result of state reforms, patients rarely receive exorbitant awards for medical malpractice claims as they did in the past. Many states limit the amount of money that can be awarded in a medical malpractice claim.
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References
- Photo Credit surgery image by Andrey Rakhmatullin from Fotolia.com
