Encyclopedia of Clinical Neuropsychology

Living Edition
| Editors: Jeffrey Kreutzer, John DeLuca, Bruce Caplan

Medical Malpractice

Living reference work entry
DOI: https://doi.org/10.1007/978-3-319-56782-2_1007-3

Synonyms

Definition

Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. The physical or emotional injury is not considered intentional yet it deviates from the generally accepted standards of care that then results in harm to the patient. Negligence by a medical professional can include an error in diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a legal case for medical malpractice can arise against the doctor and the hospital and local, state, or federal agencies that operate the treating facility.

Physicians and the facilities, where treatment is rendered, owe a duty of care and proper environment to those who seek their treatment. A person who alleges negligent medical malpractice must prove four elements to proceed with a claim. First, they must establish that duty of care was owed by the physician. Next, the claimant...

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References and Readings

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Copyright information

© Springer International Publishing AG 2017

Authors and Affiliations

  1. 1.Cook County Department of CorrectionsChicagoUSA