Medical malpractice

Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient.^[1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.

An act of medical malpractice usually has three characteristics. Firstly, it must be proven that the treatment has not been consistent with the standard of care, which is the standard medical treatment accepted and recognized by the profession. Secondly, it must be proven that the patient has suffered some kind of injury due to the negligence. In other words, an injury without negligence or an act of negligence without causing any injury cannot be considered malpractice. Thirdly, it must be proven that the injury resulted in significant damages such as disability, unusual pain, suffering, hardship, loss of income or a significant burden of medical bills.^[2]

Physicians, surgeons, psychiatrists and dentists.

Nurses, midwives, nurse practitioners, and .^[4]

physician assistants

- including physiotherapists, osteopaths, chiropractors, podiatrists, occupational therapists, social workers, psychologists, pharmacists, optometrists and medical radiation practitioners.^[5]^[6]

Allied health professionals

In Canada, all provinces except Quebec base medical malpractice liability on negligence, while Quebec follows a system.^[10]

civil law

Germany permits patients injured by medical negligence to bring a private action against the provider in contract, tort, or both.

[11]

Sweden has implemented a no fault system for the compensation of people injured by medical treatment. Patients who want to bring malpractice claims may choose between bringing a traditional tort claim or a no fault claim.^[12]

[3]

In New Zealand, the provides no-fault compensation for victims.^[12]

Accident Compensation Corporation

tort lawsuits may be used to seek compensation for malpractice. Awards of compensation in the United States tend to be much larger than awards for similar injuries in other nations.^[3]

In the United States

Consequences for patients and doctors vary by country.

A no-fault system may provide compensation to people who have medical outcomes that are significantly worse than would be anticipated under the circumstances,^[12] or where there is proof of injury resulting from medical error,^[13] without regard to whether or not malpractice occurred. Some no fault systems are restricted to specific types of injury, such as a birth injury or vaccine injury.^[14]

Demography[edit]

Medico-legal action across multiple countries is more common against male than female doctors (odds ratio of 2.45).^[15] A 2016 survey of US physicians found that 8.2 percent of physicians under the age of forty reported having been sued for malpractice during their careers, with 49.2 percent of physicians over the age of 54 reporting having been sued.^[16]