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	Medical Malpractice Law (Site not responding. Last check: 2007-11-03)
		Medical Malpractice is a part of personal injury law that deals with injuries suffered because a doctor, hospital or other health care provider was careless or negligent in treatment.
		Malpractice describes a situation where a doctor, hospital or other health care provider did not provide treatment consistent with customary and acceptable practices.
		This is a relatively new area of medical malpractice law that is usually associated with a failure to diagnose lung cancer.
	sls.rutgers.edu /malpractice.htm (1062 words)

	Veterinarian Malpractice
		For example, if a veterinarian performs surgery on a horse, the surgery shall be judged under malpractice standards, (FN 9) but if a veterinarian is arranging for the transportation of a horse by trailer, the reasonable person standard applies, since the activity is not within the bounds of his professional knowledge or skill.
		An action for malpractice other than an action upon a medical, dental, optometric, or chiropractic claim, or an action upon a statute for a penalty or forfeiture shall be commenced within one year after the cause of action accrued....
		The lawsuit was a veterinary malpractice claim for giving a shot to a dog that was known to be allergic, which resulted in the dog's death.
	www.animallaw.info /articles/arusfavrevetmalpractice.htm (5544 words)

	Malpractice
		Depending on the facts of the case and the patient's specific complaint an action may be brought against a care provider for undermedicating, an action that likely would involve a claim that the careprovider negligently failed to adequately medicate the patient or failed to refer the patient to a pain management specialist.
		Malpractice is usually defined as unskillful practice resulting in injury to the patient, which constitutes a failure to exercise the “required degree of care, skill and diligence” under the circumstances (Bardessono v.
		The successful prosecution of a medical malpractice claim has usually required the plaintiff to prove that the careprovider has failed to comply with the customary standard of care in the profession.
	www.painandthelaw.org /malpractice/index.php (658 words)

	Medical Malpractice Claims - Lawyers for Medical Malpractice Claims Nationwide
		In medical malpractice cases the plaintiff's medical malpractice lawyer must establish through expert testimony the standard of care required of doctors or other health care providers in the field of the defendant and that the defendant breached or failed to adhere to that standard of care, thereby causing the plaintiff's injury.
		The medical malpractice lawyer cannot produce every physician to testify to the way things are done, and a medical malpractice attorney must rely on the testimony of his or her expert as well as trial court rulings to combat this assertion.
		Just as in negligence law, medical malpractice attorneys must show that the damages were proximately caused by the malpractice of which the doctor or other health care practitioner is accused.
	www.ashcraftandgerel.com /medmal.html (2223 words)

	Malpractice Information on Healthline
		Malpractice is defined as improper or negligent practice by a lawyer, physician, or other professional who injures a client or patient.
		Medical malpractice is defined as a wrongful act by a physician, nurse, or other medical professional in the administration of treatment— or at times, the omission of medical treatment, to a patient under his or her care.
		In law, malpractice is classified as a tort, which is a wrongful act resulting in injury to another's person, property, or reputation.
	www.healthline.com /galecontent/malpractice (1101 words)

	Medical malpractice - Wikipedia, the free encyclopedia
		Medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient.
		The plaintiff is the patient, a legally designated party acting on behalf of the patient, or by the executor or administrator of a deceased patient's estate (in the case of a wrongful death suit).
		To be qualified as an expert in a medical malpractice case, a person must have a sufficient knowledge, education, training, or experience regarding the specific issue before the court to qualify the expert to give a reliable opinion on a relevant issue.
	en.wikipedia.org /wiki/Medical_malpractice (2088 words)

	"Some Thoughts on the Malpractice Crisis" by Richard Moskowitz, M.D. / part 1
		A verdict of malpractice further implies that reasonable standards of care exist for the situations and procedures in question, are generally well known and adhered to by the profession, and were violated in the particular instance.
		Malpractice tends to be very difficult to prove in court, because medicine remains to a large extent an art, with standards that must be infinitely adaptable to each new situation and therefore cannot often be formulated rigorously or agreed upon in advance.
		As in other legal proceedings, malpractice cases are highly ritualized controversies in which the key roles and arguments are largely predetermined and the disagreement is limited to the technical question of whether malpractice actually occurred and how much compensation should be awarded to the victim.
	members.aol.com /doctorrmosk/articles/malpractice_crisis_1.html (1674 words)

	Medical Malpractice Litigation
		Medical malpractice actions have been significantly affected by "tort reform." Malpractice cases are very expensive to litigate, and your recovery of damages may be limited by statute.
		Due to the highly technical nature of medical malpractice litigation, it is usually best to go to an attorney who specializes in medical malpractice law, and who has the resources necessary to develop your case, hire appropriate experts and, if necessary, to take your case to trial.
		Most medical malpractice attorneys take their cases on a "contingency" basis, where the attorney fee is a percentage of the amount recovered from the defendant through judgment or settlement (usually 1/3 of the judgment, after costs and fees are deducted).
	www.expertlaw.com /library/malpractice/malpractice.html (1046 words)

	Legal Malpractice Litigation
		This means that it is not ordinarily possible to secure a malpractice verdict against a lawyer where the lawyer's advice or representation turns out to be faulty based upon a court decision or new legislation passed after the lawyer acted or provided the advice.
		This discussion occurs in malpractice cases involving prior litigation, where a plaintiff claims to have either lost or to have recovered a smaller amount of damages than warranted by the facts and law, as a result of the original lawyer's malpractice.
		In order for the plaintiff to establish that damages were suffered as a result of the alleged malpractice, depending upon state law, it is often necessary for the plaintiff to prove that, but for the malpractice, a favorable verdict would have been won or greater damages recovered.
	www.expertlaw.com /library/malpractice/legal_malpractice.html (865 words)

	Baltimore, Maryland, Philadelphia, Pennsylvania & Delaware Medical Malpractice Lawyers
		The lawyers in the Medical Malpractice Unit of the Law Offices of Peter G. Angelos believe that the overwhelming and vast majority of the health care provided in this state and this country by physicians and other health care providers is excellent and should be commended.
		The term "medical malpractice" means that a physician or health care provider is negligent because he or she has failed to do something that should have been done, or has done something that should not have been done resulting in injury or death.
		Malpractice occurs when a physician or health care provider fails to meet acceptable standards of care.
	www.angeloslaw.com /medmal.htm (1006 words)

	Medical Malpractice Lawyers & Attorneys For Medical Lawsuit Claim
		Medical Malpractice is the failure of medical professionals to provide adequate treatment to patients resulting in a personal injury or substantial loss of income.
		Medical Malpractice is a doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances.
		While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.
	www.medicalmalpractice.com (776 words)

	DB's Medical Rants: Category Archives
		Medical malpractice civil trials often involve so-called expert witnesses in order to provide testimony on the current standards of medical practice and whether they were adhered to in a specific case or whether the actions of the physician where likely to have contributed to or directly caused injury to the patient.
		Research studying physicians' responses to being named in malpractice suits has revealed that the experience is traumatizing for most and that 20 percent of doctors who are defendants describe the experience as the most traumatizing of their lives.
		Malpractice victims say limits on damage payouts make it less likely lawyers will take cases, meaning access to justice could be denied.
	www.medrants.com /archives/cat_malpractice.html (10032 words)

	Indiana Medical Malpractice Summary
		Under the Medical Malpractice Act, cases are ordinarily heard before trial by a medical review panel that includes qualified physicians, and the opinion of one of the members of such a panel (even a dissenting member) is sufficient to make a prima facie case.
		The caps on recoveries in medical malpractice claims against qualified providers have increased substantially under new legislation scheduled to take effect in cases arising out of acts of malpractice that occur on or after July 1, 1999.
		The maximum combined liability of all governmental entities and all public employees acting within the scope of their employment for an injury or death arising out of a single occurrence is $300,000 per person and $5 million for all persons.
	www.mcandl.com /indiana.html (1793 words)

	USATODAY.com - Medical-malpractice battle gets personal (Site not responding. Last check: 2007-11-03)
		But Chris Hawk, a surgeon in Charleston, S.C., says the notion of refusing treatment to malpractice lawyers, their family members and associates not only is justified, it's necessary.
		For doctors who blame the increases in their premiums on unwarranted lawsuits and large jury awards, the solution is clear: Overhaul the nation's civil litigation system, starting with limits on what jurors can award in damages.
		Malpractice lawyers, led by the Association of Trial Lawyers of America, counter that rising premiums have more to do with the insurance industry than jury awards.
	www.usatoday.com /news/nation/2004-06-13-med-malpractice_x.htm (1931 words)

	Pittsburgh Pennsylvania Malpractice Attorneys
		Victims of medical malpractice are often torn when faced with medical malpractice issues.
		Medical malpractice is a dereliction of professional duty or a failure to exercise an accepted degree of professional skill or learning by a physician or other health care provider rendering professional medical services which results in injury or death.
		The firm’s mission is to help individuals and families that have experienced loss and devastation as a result of medical malpractice and negligence find justice, compassion and closure.
	www.malpractice-lawyers.net (452 words)

	Civil Justice
		The president claimed on behalf of the insurance industry "the prospect of big jury awards in medical malpractice cases was causing insurance rates to soar and doctors to abandon their practices." If you scrape away the overheated rhetoric and look at the reality, however, a very different picture emerges.
		Public notification of malpractice payouts was signed into law last year by the governor, and was the subject of a lawsuit brought against the state by a daily newspaper, The Record of Bergen County.
		Jenny Stephens of Lansdale PA successfully sued an Ambler dentist for medical malpractice after finding out he performed a tooth extraction on her despite the fact that he “had bipolar disorder and an alcohol dependency that was under investigation by the Pennsylvania medical board concerning his fitness to practice dentistry‚” according to her lawsuit.
	malpractice.blogspot.com (12515 words)

	III - Medical Malpractice
		While claim frequency is stabilizing, according to the study, the average size (severity) of malpractice claims continues to increase at a rate of 6 percent.
		The association pointed to a decline in medical malpractice claims and improved physician recruitment and retention in the wake of the state's 2003 medical malpractice tort reform as reasons for the action.
		The study found that over the 29 years since 1975, when medical malpractice insurance data were first separated out from other types of liability, medical malpractice cost increases have outpaced other tort areas, rising at an average of 11.7 percent a year, compared with 9.0 percent for all other tort costs.
	www.iii.org /media/hottopics/insurance/medicalmal (2837 words)

	Do Medical Malpractice Costs Affect the Delivery of Health Care?
		In The Effect of Malpractice Liability on the Delivery of Health Care, (NBER Working Paper 10709), Katherine Baicker and Amitabh Chandra explore the relationship between the rise in malpractice costs and the delivery of health care along these dimensions.
		Using various sources, the authors assemble annual state-level data on malpractice premiums, payouts from insurers for malpractice claims, the number of practicing physicians, and the frequency of various medical treatments.
		They find no evidence that changes in malpractice premiums are linked to changes in either the total number of physicians or the number of physicians working in obstetrics/gynecology, surgery, or internal medicine.
	www.nber.org /aginghealth/fall04/w10709.html (693 words)

	The Medical Malpractice Myth by Tom Baker, an excerpt
		Medical malpractice litigation is a sick joke, a roulette game rigged so that plaintiffs and their lawyers’ numbers come up all too often, and doctors and the honest people who pay in the end always lose.
		The real costs of medical malpractice are the lost lives, extra medical expenses, time out of work, and pain and suffering of tens of thousands of people every year, the vast majority of whom do not sue.
		The sharp spikes in malpractice premiums in the 1970s, the 1980s, and the early 2000s are the result of financial trends and competitive behavior in the insurance industry, not sudden changes in the litigation environment.
	www.press.uchicago.edu /Misc/Chicago/036480.html (4768 words)

	eMedicine - Malpractice : Article by Matthew L Howard, MD, JD (Site not responding. Last check: 2007-11-03)
		Medical malpractice, or as it more properly should be known, the law of errors and omissions relating to professional liability for physicians, is not a new issue.
		That medical malpractice must be judged by the testimony of medical practitioners is a rule dating back to the 16th century.
		A recent evolution in malpractice law has resulted from suits against physicians who are not truthful when describing their credentials or surgical results to patients.
	www.emedicine.com /ent/topic185.htm (3876 words)

	Wisconsin Medical Malpractice Law from Wisconsin Medical Malpractice Attorney FP&A
		Wisconsin medical malpractice law governs every medical malpractice claim in Wisconsin and thus, Wisconsin medical malpractice lawyers and attorneys are bound by that law.
		The primary Wisconsin medical malpractice law limiting medical malpractice actions and the damages recoverable in medical malpractice cases is Wisconsin Statute §893.55.
		The legislature concludes that the number chosen is neither too high nor too low to accomplish the goals of affordable and accessible health care, is a reasonable and rationale response to the current medical liability situation, and is reasonably and rationally supported by the legislative record.
	www.frankpasternak.com /wisconsin_medical_malpractice.htm (1140 words)

	Educational Malpractice in USA
		To hold otherwise would mean that in all kinds of actions based on malpractice in various fields, such as medicine, law, engineering, architecture, dentistry, etc., the colleges attended by the respective alumni could be sued in the state where the injury occurred.
		However, the court refused to allow the tort of educational malpractice for "public policy" reasons: control of schools belonged – the court said – in the hands of the executive branch of government, not the judicial branch.
		The nearly unanimous refusal of judges to permit educational malpractice claims is in stark contrast to the scholarly commentary in legal journals by professors of law and by practicing attorneys.
	www.rbs2.com /edumal.htm (5703 words)

	CNN.com - Doctor-lawyer leads AMA fight on malpractice caps - Mar. 12, 2003
		Within days of the February death of Jesica Santillan, a teenager who died at a North Carolina hospital after botched transplant surgery, ATLA was pointing out that the legislation would limit the ability of families like hers to win compensation.
		While the malpractice legislation is modeled after a California law, it took a ballot initiative on insurance to stabilize rate increases there, the association says.
		Opponents of the malpractice litigation bill contend Palmisano's legal work and ties to insurers -- he is a founding member of a physician liability insurance company -- have as much to do with his push for the legislation as his medical practice does.
	www.cnn.com /2003/ALLPOLITICS/03/12/medical.malpractice.ap (1026 words)

	Medical Malpractice Attorneys
		medical malpractice lawyer helps recover damages for the patient that was harmed because the medical care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards.
		medical malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury or illness because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved or appropriate for the patient's condition.
		medical malpractice has been proven, it is necessary to show that the damage has been caused as a result of negligence, which is difficult because the patient was already ill when the negligent treatment started.
	www.lawinfo.com /index.cfm/fuseaction/Client.lawarea/categoryid/28 (714 words)

	Medical Malpractice Research Legal Information, Lawyer, Attorney, Lawyers, Attorneys - Lawyers.com
		Medical Malpractice claims are not always valid with every medical injury and they do not always provide a basis for a medical malpractice law claim.
		To prove malpractice, i.e., to establish your health care provider's liability, you must have expert medical malpractice testimony that no reasonable health care provider would have done what yours did and that your health care provider's negligence was a cause of injury or death.
		Additionally, you must file your lawsuit with a malpractice attorney or a malpractice lawyer within the statutory time period or "statute of limitations" established by state medical malpractice law for medical malpractice claims.
	medical-malpractice.lawyers.com (320 words)

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