PROFESSIONAL MALPRACTICE
The professions in which malpractice can occur require specialized training and study, and professionals in these fields must exercise a high degree of judgment in performing tasks generally beyond the skill of laypeople. In addition to medicine, these professions include dentistry, accounting, engineering, and architecture. Medical malpractice lawsuits often involve more serious injuries than those involving other professions.
MEDICAL MALPRACTICE
Medical malpractice is the most common type of malpractice lawsuit. It typically involves the negligence of a physician or other health care provider while diagnosing or treating a patient. In the past, courts decided whether a physician's conduct was negligent by comparing that conduct with the practices in the locality where the doctor worked or with the practices of his or her field of medicine. These comparisons made it difficult for injured patients to win malpractice lawsuits. Other doctors who could describe the practices in the locality were often reluctant to testify against their colleagues. More recently, courts have applied a national standard for professional conduct when determining whether malpractice occurred.
A small proportion of medical malpractice cases result from the intentional misconduct of the physician, such as improperly touching a patient who is unconscious. However, plaintiffs who are harmed in such a manner typically charge that the physician committed battery, an intentional tort, rather than alleging malpractice. A physician may also commit malpractice by doing something without obtaining the patient's informed consent. For example, a doctor may commit malpractice by giving a patient an experimental drug without first informing the patient about potential risks or side effects, and then obtaining the patient's consent to use the drug.
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