Medical Malpractice

Question 1

What is medical malpractice, and what determines if it occurred?

Answer 1

Negligent treatment of a patient by a healthcare professional that results in injury.

Question 2

Under what branch of law does malpractice fall, and what is required for a valid claim?

Answer 2

It falls under tort (civil) law. Plaintiffs must prove negligence through duty, breach, causation, and damages.

Question 3

What are the four elements required to prove malpractice?

Does Barney Call Derick?

Answer 3

Duty (a treatment relationship existed), breach (care fell below standard), causation (the negligence caused harm), and damages (economic or non-economic loss).

Question 4

How has the standard of care changed in modern malpractice law?

Answer 4

Courts now use a reasonable care standard that emphasizes current evidence and guidelines, allowing juries to find outdated customary practices negligent.

Question 5

What are the main stages of a malpractice case?

Answer 5

It begins with pleadings and discovery, followed by lengthy pretrial motions, and finally resolution through settlement, dismissal, or trial.

Question 6

What kind of suit is a medical malpractice case, and what is the burden of proof? How do juries typically rule?

Answer 6

Civil Suit (as opposed to Criminal). Plaintiffs must prove negligence by a preponderance of the evidence (more likely than not). Juries often side with physicians in close or uncertain cases.

Question 7

What does professional liability insurance cover and why is it needed?

Answer 7

It pays for defense costs, settlements, and damages in malpractice claims. Coverage is required for credentialing and protects providers from financial loss.

Question 8

What are key exclusions and determinants of insurance cost?

Answer 8

It excludes criminal acts, sexual misconduct, and falsified records. Premiums vary by specialty, region, and claim frequency.

Question 9

How does a claims-made policy function, and when is tail coverage needed?

Answer 9

It covers claims reported during the policy period. When the policy ends, tail coverage is needed to protect against claims filed later for prior incidents.

Question 10

How does an occurrence policy differ from a claims-made policy?

Answer 10

It covers any incident that occurred during the policy term, even if reported years later—so tail coverage isn’t required.

Question 11

What is the NPDB, and what information does it track?

Answer 11

A federal database that records malpractice payments, adverse licensure actions, and privilege restrictions to promote patient safety and transparency.

Question 12

Who reports to and accesses the NPDB?

Answer 12

Hospitals, licensing boards, and insurers must report; hospitals and credentialing entities query it when granting or renewing privileges.

Question 13

What is the loss of chance doctrine?

Answer 13

Legal principle in medical malpractice where a provider can be held liable for negligently reducing a patient’s existing chance of survival or recovery, even if the negligence didn’t directly cause the final harm—only decreased the probability of a better outcome.

Question 14

What are the three main types of damages in medical malpractice cases?

Answer 14

Economic damages (measurable financial losses like medical bills or lost wages), noneconomic damages (pain, suffering, emotional distress), and punitive damages (to punish especially reckless conduct).

Question 15

What are the two types of causation in medical malpractice?

Answer 15

Cause-in-fact (the injury would not have occurred “but for” the provider’s actions) and proximate cause (the injury was a foreseeable result of those actions)