| Part of the common law series |
| Tort law |
|---|
| (Outline) |
| Trespass to the person |
| Property torts |
| Dignitary torts |
| Negligent torts |
| Principles of negligence |
| Strict and absolute liability |
| Nuisance |
| Economic torts |
|
| Defences |
| Liability |
| Remedies |
| Other topics in tort law |
|
| By jurisdiction |
| Other common law areas |
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, with most cases involving medical error.[1] 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.[2]
- ^ Mello, Michelle M. (November 26, 2014). "The Medical Liability Climate and Prospects for Reform". JAMA. 312 (20): 2146–55. doi:10.1001/jama.2014.10705. PMID 25358122.
- ^ Thornton, R. G. (2006). "Malice/gross negligence". Proceedings (Baylor University. Medical Center). 19 (4): 417–418. doi:10.1080/08998280.2006.11928212. PMC 1618741. PMID 17106507.