The document discusses medical malpractice, including what constitutes malpractice, types of errors, examples, and the legal process for malpractice cases. For a malpractice suit to be successful, the plaintiff must prove duty, breach, injury, and proximate causation. Duty refers to the doctor-patient relationship, breach means negligence compared to the standard of care, injury is harm caused, and proximate causation is that the negligence led directly to injury. If found liable, malpractice insurance covers legal costs and damages payments for doctors. The best approach for doctors facing suit is to contact their insurer, build their defense, and get professional help to cope with litigation stress.

1. THE MEDICAL
MALPRACTICE BILL
Critical analysis & facing a malpractice suit

2. WHAT IS MEDICAL MALPRACTICE?
● Medical malpractice refers to
professionals negligence by a health
care provider that leads to
substandard treatment ,resulting in
injury to a patient.
● The negligence might be the result of
errors in diagnosis, treatment,
aftercare or health management

3. Factors for a medical malpractice to be
considered:
• Failure to provide a proper standard of care
• An injury results from negligence
• The injury must have damaging consequences

4. Types Of Error And Malpractice
> Diagnostic
Error or delay in diagnosis
Use of outmoded tests or therapy
> Treatment
Error in the performance of an operation, procedure, or test
Error in the dose or method of using a drug
> Preventive
Failure to provide prophylactic treatment Inadequate monitoring
or follow-up of treatmen.
> Other
Failure of communication
Equipment failure

5. Examples of Medical Malpractice:
 Failure to diagnose or misdiagnosis
 Unnecessary surgery
 Misreading or ignoring laboratory results
 Improper medication or dosage
 Surgical errors or wrong side surgery
 Leaving things inside the patient’s body after surgery
 Poor follow-up or aftercare
 Disregarding or not taking appropriate patient history

6. INFORMED CONSENT
● Informed consent is at the heart of shared
decision making—a recommended approach to
medical treatment decision in which patients actively
participate with their doctors.
● Patients must have adequate information if they
are to play a significant role in making decisions that
reflect their own values and preferences, and
physicians play a key role as educators in this
process.

7. ● If a surgeon does not inform the patient that a procedure
involves a 30-percent risk of losing a limb, and the patient loses a
limb, the doctor will be liable, even if the operation was done
perfectly. This is because the patient may have opted not to go
ahead if they had been informed of the risks.
● Informed consent is a process, not a form, and should involve
ongoing, interactive dialog between research staff and prospective
participants

8. ELEMENTS OF MALPRACTICE
● According to Bal(2009), for malpractices cases to be considered, the
following should be true
● Patient injured should prove that its physicians' negligence
in providing required care that resulted in injury
● To pursue a medical malpractice suit successfully, the patient must
prove 4 elements of medical negligence which is as
● Follows
1. Duty
2. Breach
3. Injury
4. Proximate Causation

9. DUTY
● Means there is a professional relationship between doctor and
patient
● created when patient engages services of doctor and doctor agrees
to provide care to patient
● Easiest element for patient to establish
● Examples: covering a clinic where indignant patients are
treated, providing emergency services
to an accident victim roadside- in all these cases duty of reasonable
care follows

10. BREACH
● In medical malpractice cases refers to breach or negligence of
standard of care in
comparison to other medical professionals with same level of knowledge,
training and experiences
in similar situations
● Jury needs expert testimony or strong proofs or evidence to justify
(Latin: "res ipsa loquitur")
● Examples: misdiagnosis, lack of follow up care, misinterpretation of lab
results, prescription of drug errors

11. • For a medical malpractice case to be successful, the personal injury
attorney will also have to prove that the victim was harmed by the
medical negligence, leading to losses and expenses.
• For example, a doctor incorrectly diagnosing your condition could
require you to seek additional medical treatment following the new
issues caused by this misdiagnosis, as well as any medical treatment
for your original condition.
INJURY 🤕

12. .
• Proximate causation refers to the relation between the negligence
or breach of the doctor and the resulting injury of the patient.
• The negligence or breach must have played an integral part in
causing the injury or damage.
• In other words, the injury to the patient is either a direct result
or a reasonably probable consequence of the negligence or breach
of the doctor.
PROXIMATE CAUSATION

13. ANTI-MALPRACTICE ACT⚖️
Any medical practitioner who performs any
act constituting medical malpractice or the
illegal practice of surgery shall be punishable
by imprisonment or fine or both and, in all
instances, the cancellation of the license to
practice medicine.

14. MALPRACTICE CASE
 The plaintiff is the person who brings a case against another
in a court of law.
 The defendant is the party who is being sued.
 The prevailing party is the party who wins the case.
 The losing party is the party who loses the case.
 The fact-finder is the judge or the jury.

15. The process
● The plaintiff must file a lawsuit in a court of law.
● Before the trial begins, the plaintiff and the defendant have to
share information through discovery.
● The plaintiff has to prove compellingly that the defendant was
negligent.
● In most trials, both the defendant and plaintiff will present
experts to explain what standard of care was required.
● The fact-finder must then consider all the evidence and decide
which party is the most credible.
● The judge will decide who wins.

16. Handling of Malpractice suit as a Doctor
An understanding of litigation
stress and some anticipation of its
potential psychological effects on
physicians enable them to take
steps to counteract the negative
feelings and reactions that occur.

17. Medical malpractice insurance
• Medical malpractice insurance provides coverage to physicians and
other medical professionals for liability arising from disputed
services that result in a patient’s injury or death.
• Medical malpractice insurance covers a range of expenses
associated with defending and settling malpractice suits; it also
pays damages if you’re found liable.
• Covered costs include:
• Attorneys’ fees and court costs.
• Arbitration costs.
• Settlement costs.
• Punitive and compensatory damages.
• Medical damages.

18.  When legal claims arise, the best way for physicians to help themselves are :
 Contact your medical malpractice carrier
 Build your defense
 Be prepared for extended periods of perceived inactivity
 Understand the plaintiff’s strategy
 Become fully engaged in the process
 Get professional coaching on how to be an effective defendant
The goal is to understand and diminish the effects
of stress and regain a sense of emotional equilibrium
to function as a good defendant and competent
practitioner during the lengthy litigation process.

19. Let’s be a doctor who saves life