Malpractice

In law, malpractice is type of tort in which the misfeasance, malfeasance or nonfeasance of a professional under a duty to act fails to follow generally accepted professional standards. It is committed by a professional or her/his subordinates on behalf of a client or patient that causes damages to the client or patient. Perhaps the most publicized forms are medical malpractice and legal malpractice by medical practitioners and lawyers respectively, though accountants (Arthur Andersen) and investment advisors (Merrill Lynch) have been in the news lately.

The medical profession and insurance industries argue that lawsuit abuse increases the cost of health care and threatens access to health care for all Americans. On the other hand, lawyers who handle medical malpractice claims note that the quality of health care in the United States of America is among the best in the world, and they contend that it is largely due to the ability of citizens to obtain an effective judicial remedy when they are victimized by medical malpractice. Insurance companies claim that studies show that very few medical liability lawsuits stem from what they call true malpractice, and they argue that very few cases of actual malpractice end up in suits. Lawyers note that that is because of the extremely high cost of pursuing medical malpractice claims, which is in part due to the reluctance of physicians to testify against their colleagues, forcing Plaintiff's lawyers to spend large sums of money for expert witnesses from distant locations. The insurance industry claims that the cost of defensive medicine, in which physicians order tests or treatments for medico-legal rather than clinical reasons, has been documented to be as large as $50 billion per year, but, once again, those involved in the legal system believe that accountability has produced a health care system second to none in the world, and that the extra cost of the best in health care is well worth the additional expense.

Malpractice Best Sellers from Amazon.com

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The 5th Horseman (Women's Murder Club)
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Legal Aspects of Health Care Administration
by George D. Pozgar
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Customer Review: I am using this book in my Maters program. So far it seems easy to understand and use. This is one book that I will keep and be able to use in my office. It is a good all around book for administrators as well as first time supervisors.

Starvation Heights: A True Story of Murder and Malice in the Woods of the Pac...
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Wall of Silence: The Untold Story of the Medical Mistakes that Kill and Injur...
by Rosemary Gibson, Janardan Prasad Singh
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Malpractice News

• Lawyers Saw Jurys Verdict Against Cleveland Clinic, Then Settled The Plain De...
Lawyers for the Cleveland Clinic got a peek at one of the largest verdicts ever in Cuyahoga County 15.9 million before reaching a settlement in a medical malpractice case May 1.
• Oregon Medical Malpractice Limit Upheld Insurance Journal
The Oregon Supreme Court has upheld a five year statute of limitations on medical malpractice lawsuits involving minors. The court ruled against a claim that laws in effect when Oregon was a terri
• Law School Study Finds Malpractice Cost In Mass. Going Down, Not Up Insurance...
Reports of skyrocketing medical malpractice premiums in Massachusetts are flawed, according to a Suffolk University Law School study that found Bay State physicians actually saw their inflation adjust
• Doctors Start To Say Im Sorry Long Before See You In Court New York Times
Some prominent medical centers hope to restore trust and dilute anger that often fuels lawsuits by promptly disclosing errors and offering apologies and compensation.
• News Station Investigation: Tort Reform Benefits Questioned FOX 4 News Dallas...
Almost five years ago, Texas voted to make it tougher to sue for medical malpractice. The ultimate goal was better health care, by keeping doctors from leaving the state. So, is it working FOX 4s Paul Adrian investigates.

IMPORTANT NOTICE: The information provided by FactsOfLaw.com does not constitute legal advice or any other type of advice and is provided for educational purposes only without warranty of any kind. FactsOfLaw.com has not reviewed the information on this page for accuracy and is not responsible for any errors, omissions or inaccuracies.  For legal advice you should consult a licensed attorney. Source: wikipedia.org