"Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient."
Overview and analysis of the legal issues related to healthcare liability, including informed consent, medical records, and confidentiality.
Medical Malpractice: This topic focuses on the negligence of medical professionals, including doctors, nurses, and other healthcare providers, and the resulting harm caused to patients.
Informed Consent: This topic covers the principle that healthcare providers must inform patients of all the risks and benefits associated with a medical procedure before obtaining their consent.
Patient Rights: This topic addresses the fundamental rights and dignity of patients in the healthcare system, including their right to privacy, confidentiality, and access to medical care.
Medical Ethics: This topic examines the moral and ethical principles that guide medical practice, including issues such as autonomy, beneficence, non-maleficence, and justice.
Health Information Privacy and Security: This topic covers the federal and state laws that protect the privacy and security of personal health information, including the Health Insurance Portability and Accountability Act (HIPAA).
Healthcare Contract Law: This topic covers the various legal contracts that govern relationships between healthcare providers, insurers, and patients, such as employment contracts, insurance contracts, and patient-provider agreements.
Healthcare Regulation: This topic examines the laws and regulations that govern healthcare organizations, including licensing, accreditation, and quality improvement.
Healthcare Compliance and Risk Management: This topic focuses on the organization's compliance with federal and state laws, regulations, and ethical standards, including risk management programs.
Healthcare Litigation: This topic provides an overview of the legal process, including medical malpractice lawsuits, fraud and abuse cases, and other healthcare-related disputes.
Patient Safety and Quality Improvement: This topic covers efforts to improve patient safety and quality of care, including initiatives to reduce medical errors, improve communication, and promote patient-centered care.
Medical Malpractice: This is the most common type of healthcare liability. It occurs when a medical professional deviates from a standard of care, which results in a patient's injury or death. Examples include surgical errors, misdiagnosis, medication errors, and birth injuries.
Nursing Home Neglect: This type of healthcare liability occurs when a nursing home fails to provide adequate care, resulting in injury or harm to residents. Examples include falls, malnutrition, dehydration, and medication errors.
Wrongful Death: This type of healthcare liability occurs when a patient dies due to the negligence or intentional wrongdoing of a healthcare provider. Examples include medication errors, misdiagnosis, surgical errors, and failure to diagnose.
Breach of Confidentiality: This type of healthcare liability occurs when a healthcare provider discloses private medical information without the patient's consent. Examples include sharing medical records with unauthorized individuals or entities, and discussing a patient's medical condition in public areas.
Informed Consent: This type of healthcare liability occurs when a healthcare provider fails to obtain a patient's informed consent before providing treatment or performing a procedure. Examples include performing a surgery without informing the patient of potential risks and complications or prescribing medication without discussing side effects and risks.
Product Liability: This type of healthcare liability occurs when a medical device or medication causes harm or injury to a patient. Examples include defective medical devices, dangerous drugs, and faulty medical equipment.
Defamation: This type of healthcare liability occurs when a healthcare provider makes false or damaging statements about a patient to others. Examples include sharing private medical information with unauthorized individuals, and making derogatory comments about a patient's condition or medical history.
"With most cases involving medical error."
"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."
"Further establishment of conditions of intention or malice may be applied where applicable."