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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.
A plaintiff must establish all five elements of the tort of negligence for a successful medical malpractice claim. [11] A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. A duty was breached: the provider failed to conform to the relevant standard care.
The Board of Regents, which at the time had only one physician among its 16 members, voted to "censure and reprimand" the resident physicians for acts of gross negligence. [5] This decision did not affect their right to practice. [17] The verdict against the two residents was considered very surprising in medical circles.
Four people who were potentially exposed to hepatitis B and C and HIV during surgeries at a Portland-area hospital have filed a class action lawsuit against Providence, the medical facility and an ...
Most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most US jurisdictions (partly because negligence is one of the few torts for which ordinary people can and do obtain liability insurance.) [citation needed] It is a form of extracontractual liability that is based upon a failure to ...
A jury has awarded a former Eastern Kentucky hospital employee $2.4 million in damages after she alleged that medical center administrators directed her to convince patients to have themselves ...
Prisma Health contended the doctors were always aware the hospital does not staff its operating rooms 24/7, and instead nurses and surgical technicians would be on call “within 30 minutes.”
The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.