Medical Malpractice

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• MEDICAL MALPRACTICE

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What is Medical Malpractice?

• Professional negligence by a health care
  professional
• Treatment provided was substandard
• Caused harm, injury or death to a patient. 

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What is Medical Malpractice?

• Wrong action taken by the medical practitioner
• Failure to take medically appropriate action.

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Some examples of Medical Malpractice

• Medication errors
• Wrong doses, wrong medication
• Spinal cord injuries
• Back pain after surgery
• Surgical errors

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Other examples

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

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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).

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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).

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Medical Malpractice Law

• Provides a way for patients to recover
  compensation for any harm resulting from
  sub-standard treatment.

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Claim Characteristics

• Failure to provide a proper standard of care.
• An injury was the consequence of negligence.
• The patients injury must have very damaging
  consequences.

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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.

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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.

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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.

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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.

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Damages

• The plaintiff may be awarded
• Compensatory damages.
• Punitive damages.

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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.

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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.

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Effects of Malpractice Suits on Doctor

• Depression
• Professional dissatisfaction
• Emotional exhaustion
• Career burnout

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For Medical Malpractice Cases