Medical Malpractice among professionals

Medical malpractice occurs where there is professional negligence by a registered medical practitioner by a lapse or oversight in the treatment in which the treatment given is not up to the accepted standard of practice in the medical community and results in injury or death to the patient because of medical error. Principles and policies for medical malpractice may differ according to jurisdiction within countries. Medical professionals usually take out professional liability insurances to counterbalance the risk and expenditure of lawsuits brought against them for medical malpractice. In the United States, it is estimated that between 44,000-98,000 people annually die in hospitals because of medical errors. The Centers for Disease Control and Prevention currently estimate that 75,000 patients die annually, in hospitals from infections.  

Between 15,000 and 19,000 negligence cases are brought against doctors each year. These are all considered estimates as inside the world of health care, and people have stated that many treatment failures are well-known to be something other than what really happened.  It is generally acknowledged that the statistical outcomes of negligence not properly documented and deliberately falsified. Although a ‘health care provider’ typically means a physician, the term usually includes any medical care provider, including dentists, nurses, and therapists. Usually following orders is not enough to protect nurses and other non-physicians from legal responsibility and accountability when charged with negligent acts. Lawsuits may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees.

To institute a lawsuit, the petitioner must establish all five elements of the tort of negligence for a successful medical malpractice claim. This means that they must prove that a legal duty exists when a hospital or health care provider sets about caring for or treating a patient. A duty was not carried out with responsibility because the provider failed to conform to the applicable standard care. The negligence resulted in an injury: The professional negligence of duty was a direct cause and the immediate cause of the injury. The treatment was not in accordance with established standards.  The claimant must prove that the practitioner was acting in a manner which was contrary to the generally accepted standard in his/her profession.

Without financial or emotional losses, there is no basis for a claim even if the person knows that the medical professional was negligent.The plaintiff must prove his/her claim of negligence by a medical professional by providing appropriate evidence. During the trial, both parties will present facts for the experts to testify as to the standard of care required, and other technical issues. The judge or jury must then look at all the evidence and determine which side is the most convincing and will base the judgment according to the evidence provided and the testimony of the experts at the trial.