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MEDICAL MALPRACTICE

MEDICAL MALPRACTICE. What is Medical Malpractice?. Professional negligence by a health care professional Treatment provided was substandard C aused harm, injury or death to a patient. . What is Medical Malpractice?. Wrong action taken by the medical practitioner

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MEDICAL MALPRACTICE

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  1. MEDICAL MALPRACTICE

  2. What is Medical Malpractice? • Professional negligence by a health care professional • Treatment provided was substandard • Caused harm, injury or death to a patient. 

  3. What is Medical Malpractice? Wrong action taken by the medical practitioner Failure to take a medically appropriate action.

  4. Some examples of Medical Malpractice • Medication errors • Wrong doses, wrong medication • Spinal cord injuries • Back pain after surgery • Surgical errors • Leaving things inside body.

  5. Other examples Labor and delivery-related errors. Failure to diagnose and treat in a timely manner. Anesthesia errors

  6. Shocking Statistics! Med malpractice kills 225,000 people each year (National Institute of Health). 12,000 people die each year from unnecessary surgery (New York Times).

  7. Shocking Statistics… Just 2% of all people injured file legal claims for compensation (Health grades study). 50% of all medical malpractice legal claims are filed against surgeons (Bureau of Justice Statistics).

  8. Medical Malpractice Law Provides a way for patients to recover compensation for any harms resulting from sub-standard treatment.

  9. Claim Characteristics • Failure to provide a proper standard of care. • An injury was the consequence of negligence. • The patient’s injury must have very damaging consequences.

  10. Informed Consent • A medical practitioner may also be legally liable if a patient does not give "informed consent" to a medical procedure that results in a harm to the patient, even if the procedure is performed properly.

  11. Medical error without harm • If the patient is not harmed by the physician's error, the patient cannot recover damages as the result of the error. • Unless you've been harmed, there's no medical malpractice case.

  12. Elements in a malpractice case • The plaintiff: the patient or a legally designated person who acts on the patient's behalf. • The defendant: the party who is being sued. This could be the doctor, nurse, therapist.

  13. Elements… 3. The prevailing party - this is the party who wins the case. 4. The losing party - the party who loses the case. 5. The fact-finder - the judge or jury.

  14. Damages The plaintiff may be awarded: • Compensatory damages. • Punitive damages.

  15. Damages… Compensatory: May include economic damages such as lost earning capacity, life care expenses, and medical expenses. May include non economic damages such as psychological and physical harm.

  16. Damages… Punitive: Only awarded if the defendant is found guilty of malicious or willful misconduct. It is a form of punishment; compensation in excess of actual damages.

  17. Effects of malpractice suits on doctor • Depression • Professional dissatisfaction • Emotional exhaustion • Career burnout

  18. For Medical Malpractice cases

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