There are many forms of legal regulation of medical practice and its practitioners. Among other legal mechanisms, there are state professional licensing and disciplinary statutes and regulations, mandatory oversight by peer review organizations, federal and state parameters on drug and device prescribing, and financial and quality of care audits by public and private third-party payers. Statutory and regulatory requirements for hospitals and other health care provider institutions and agencies also exert a direct impact on medical practice. One of the most significant mechanisms for regulating physician behavior in the United States is the private civil tort system that encompasses individual professional liability/medical malpractice lawsuits brought by, or on behalf of, patients against their professional caregivers.
A relatively small number of medical malpractice claims are predicated on a theory of violation of contract. In such litigation, the patient/plaintiff claims that an...
KeywordsHealth Care Institution Medical Malpractice Malpractice Case Malpractice Lawsuit Vicarious Liability
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