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Doctors' groups, patients, and insurance companies have criticized medical malpractice litigation as expensive, adversarial, unpredictable, and inefficient. They claim that the cost of medical malpractice litigation in the United States has steadily increased at almost 12 percent annually since 1975. [ 26 ]
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]
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In the English legal system, a contingent fee is generally referred to as a conditional fee agreement (CFA) or, informally by the public and press, as "no win no fee". The usual form of this agreement is that the solicitor will take a law case on the understanding that if lost, no payment is made.
Under the law of tort, prior to injury, the specific risk must have been known to and appreciated by the plaintiff in order for primary assumption of risk to apply. [3] Courts may refuse to enforce a general liability waiver if it fails to inform the signer of the specific risk that caused the injury.
This is an accepted version of this page This is the latest accepted revision, reviewed on 19 February 2025. Lawyer with a special focus See also: Personal injury The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as ...