1. Medical Malpractice in the United States
Medical law is a unique field that deals with the obligations of medical professionals and the rights of their
patients. Each healthcare professional has a responsibility to look after their patient, ensure their safety and
oversee their recovery. Unfortunately, when substandard care is given, it can often result in irreparable loss
and damages to the patient. In recent years, deaths stemming from medical negligence have received
global attention. Stricter measures must be taken to address this issue.
What Is Medical Malpractice Law?
Medical malpractice laws in the United States are governed by court-issued common Law. Since these laws
will vary from state to state, the decisions made by one state may not be applicable in another jurisdiction.
In recent years, statues have been enacted by states to bring more clarity and unity to malpractice rules
and regulations.
Defining Negligence
Negligence is one of the primary factors that link medicine with law because it is a part of tort. Law of tort
stipulates that whenever a wrongful act causes another person to become injured, they must be
compensated by the payment of damages. Negligence is a legal term that refers to careless conduct beyond
what is expected from a reasonable person in similar circumstances. In cases where negligent conduct
results in damages to the body or property of another person, it may be settled in a court of law. Depending
on the level of negligence, it may also be considered a criminal offense.
Common law regards medical malpractice as a breach of contract by the medical professional. In present
day, medical malpractice is most often seen as an action tort rather than a contract. Medical professionals
are expected to exercise a certain standard level of care when treating a patient. When they fail to do this
and it results in the injury of a patient, the patient may have grounds for a lawsuit.
In addition to medical malpractice, a healthcare professional may also be sued for professional negligence.
This term refers to the negligent actions including misdiagnosis, improper treatment, failure to diagnose,
failure to treat on time, etc. Professional negligence also applies to nurses for things like failure to
administer medication on time and failure to monitor a patient.
The Legal Process
Medical negligence and malpractice cases are initiated in state trial courts . These courts are authorized and
have proper jurisdiction to hear medical malpractice cases. Medical malpractice trials must be held in the
same jurisdiction in which the action occurred or the place where the negligence took place. It is also
possible for the plaintiff and the defendant to be from different states or jurisdictions. In these cases, they
may choose to start medical malpractice proceedings in a federal court. Prior to the start of the trial, the
process of discovery must take place. During this phase, both parties must exchange all documents and
information that is relevant to the case. When a federal court hears the case, they maintain the state laws
from where the case was filed. Often times, a jury trial may be chosen as proper means of di sposing medical
negligence cases. Jury trials are intended to ensure that the final outcome of the trial is impartial.