Being human, physicians are prone to error. Not all cases of error legally constitute
medical malpractice. However, it is a multi-billion dollar industry that is constantly increasing
physician's medical malpractice insurance costs. A number of references, including the medical malpractice
books listed below, provide a better overview of this legal concept.
For a medical malpractice
claim to be successfully tried against a medical provider, which can include a doctor, surgeon, nurse or, in some
circumstances, a hospital, the plaintiff must prove that an act of negligence occurred which resulted in injury.
This negligence can range from unintentional, such as a surgeon leaving a gauze pad inside of a patient's abdomen,
to conscious, in which a doctor attempts an experimental drug or procedure that goes awry. In a medical
malpractice case, evidence is held against a standard of care which represents the minimum level that a health
provider is expected to deliver.
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