Medical malpractice is a major issue in the United States, as evidenced by the amount of money changing hands because of these cases of healthcare negligence. A 2009 report from the Congressional Budget Office revealed that the comprehensive cost of medical malpractice liability (including malpractice insurance, settlements, awards, and uninsured administrative fees) was $35 billion – representing 2% of the total healthcare costs for the US that year.
What Constitutes Medical Malpractice or Negligence?
Medical malpractice is when a healthcare provider or professional is negligent, leading to treatment that does not meet reasonable standards and in which a patient is harmed or killed. A medical error (such as a mistake in diagnosis, medication dosage, or management) occurs in many of these cases. The mistake can involve an action or failure to perform an action, either of which falls below professional standards.
To be clear, medical malpractice is a type of malpractice; malpractice is also called professional negligence. To put it another way, medical malpractice is another way to refer to medical professional negligence.
According to the American Board of Professional Liability Attorneys (ABPLA), the three necessary characteristics in order for a legal claim to qualify as medical malpractice are:
- Failure to meet the standard of care, otherwise known as a violation of the duty of care
- Injury to the patient due to the negligence
- Significant damages that occurred because of the injury.
What is Clinical Negligence?
Clinical negligence is a term that is largely used in the United Kingdom. Clinical negligence is synonymous to medical malpractice.
How does a medical malpractice attorney argue your claim? Find out what medical malpractice attorneys do – essentially describing how they must establish proof. You can also speak with our medical malpractice lawyers to discuss your rights and how they can be defended.