Medical negligence is the failure of a physician to exercise the degree of care, skill, or diligence ordinarily exercised by physicians in the same type of practice across the country, which results in injury or damage to a patient.
In the U.S., a person may sue a doctor in civil court to recover for injuries or damages caused by medical negligence.
Most doctors are prepared for being sued. Medical malpractice insurance is intended to protect physicians from the economic consequences of medical negligence claims.
The costs of medical malpractice insurance have risen dramatically in recent years. This has led many states to enact tort reforms that limit the number of malpractice lawsuits and the size of the payments.
If you are going to sue a physician, here's something you need to know. To prevail in court, the injured person must demonstrate that the injury wascaused by a health care providerís negligence.
In the context of malpractice, negligence means proving that the provider failed to meet the same standard of care expected of a member of the profession in goodstanding in the same circumstances, and that the providerís failure caused the injury that resulted in damage or loss.