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Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. [1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
Variations in healthcare provider training & experience [45] [52] and failure to acknowledge the prevalence and seriousness of medical errors also increase the risk. [53] [54] The so-called July effect occurs when new residents arrive at teaching hospitals, causing an increase in medication errors according to a study of data from 1979 to 2006.
Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions. [ 6 ] In Australia, medical malpractice and the rise in claims against individual and institutional providers have led to the evolution of patient advocates .
Thus, when a patient claims injury as the result of a medical professional's care, a malpractice case will most often be based upon one of three theories: [10] Failure to diagnose: a medical professional is alleged to have failed to diagnose an existing medical condition, or to have provided an incorrect diagnoses for the patient's medical ...
Iatrogenesis is the causation of a disease, a harmful complication, or other ill effect by any medical activity, including diagnosis, intervention, error, or negligence. [ 1 ] [ 2 ] [ 3 ] First used in this sense in 1924, [ 1 ] the term was introduced to sociology in 1976 by Ivan Illich , alleging that industrialized societies impair quality of ...
The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness ...
Defensive medicine takes two main forms: assurance behavior and avoidance behavior.Assurance behavior involves the charging of additional, unnecessary services to a) reduce adverse outcomes, b) deter patients from filing medical malpractice claims, or c) preempt any future legal action by documenting that the practitioner is practicing according to the standard of care.
Medical coding – The practice of assigning statistical codes to medical statements, such as those made during a hospital stay. Closely related to medical billing . Medical College Admission Test – (MCAT), is a computer-based standardized examination for prospective medical students in the United States , Australia , [ 256 ] Canada , and ...