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Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson. Medical professionals may obtain professional liability insurances to offset the costs of lawsuits based on medical malpractice ...
In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
Another argument is that the costs of the tort system, and in particular medical malpractice suits, raise the costs of health care. This argument is most often encountered in relation to litigation in countries that do not have universal health care. The difficulty in this area is to distinguish between public and private health care providers.
Ybarra v. Spangard [1] was a leading case in California discussing the exclusive control element of res ipsa loquitur. "Where a plaintiff receives unusual injuries while unconscious and in the course of medical treatment, all those defendants who had any control over his body or the instrumentalities which might have caused the injuries may properly be called upon to meet the inference of ...
With regard to the latter, proponents of tort reform argue that large, unpredictable damages causes an increase in the cost of medical malpractice insurance for healthcare professionals [4] and encourages the practice of defensive medicine whereby medical practitioners agree to unnecessary treatment in order to decrease the likelihood of future ...
The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. [3] The English case Butterfield v.Forrester is generally recognized as the first appearance, although in this case, the judge held the plaintiff's own negligence undermined their argument that the defendant was the proximate cause of the injury. [3]
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 .
[2] [3] The nonpartisan coalition Common Good, led by Philip K. Howard, and the Harvard School of Public Health have advocated implementing health courts on a wider scale in the U.S. [4] The potential advantages of health courts include decreasing administrative costs, improving access to compensation for injured patients, and disincentivizing ...