Definition of Medical Malpractice

The definition of medical malpractice includes any departure from what is considered standard and accepted medical care. In order to prove that negligence occurred, a plaintiff must be able to display evidence of damages, duty, breach of duty, and causation. As medical malpractice laws continue to change, the definition of medical malpractice will become even more important as different sides will push for expanding or narrowing certain aspects.

Since a definition of medical malpractice leaves varying degrees of room for interpretation, stricter qualifications, as well as other provisions are being decided upon. In states where caps on pain and suffering damages have been passed groups opposed to limiting awards have claimed the caps do not allow exceptions for the most serious injuries. Due to this argument, some states that have passed caps have classified its limits as soft" cap so that it can be overruled if a solid case of negligence has been shown.

Some terms for a definition of medical malpractice have been tightened so that the laws that apply are more exact and specific. It has been argued that this further limits the ability to pursue malpractice lawsuits despite figures showing less than 0.5 percent of the nation's doctors will ever be penalized with serious state sanctions as the system is now. While the medical profession has argued frivolous lawsuits have driven up insurance premiums and put doctors out of practice, the National Association of Insurance Commissioners thinks the spike in medical liability premiums are the result of the insurance cycle and not new medical malpractice cases or skyrocketed jury verdicts.

Physician Insurer Association of America figures show that patients abandon about 54 percent of claims. Shifting the definition of medical malpractice to make it even harder to pursue a case may only further victimize those that have been injured because of negligence. Some groups and victims have argued less focus should be put on the definition of medical malpractice and more focus should be given to safety measures.

Just five percent of doctors are responsible for 54 percent of malpractice payouts in the U.S., which emphasizes the importance of implementing a more enforced system of penalizing unreasonable care. This may lead to patients being treated safer, keep doctors more focused, and weed out any unqualified and reckless doctor.

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