What is Medical Malpractice?

Summary

In 'Malpractice Insights', Jennifer Wiggins, CEO of Aegis Malpractice Solutions, addresses common queries about medical malpractice. She explains it as professional negligence causing harm, outlining the necessity for healthcare providers to adhere to the standard of care. The video details the elements a plaintiff must prove in a malpractice case and discusses compensatory and punitive damages. Wiggins advises on securing appropriate malpractice insurance and engaging in risk management education to protect oneself in the medical field.

Takeaways

• 📚 Medical malpractice is defined as professional negligence by a healthcare provider that deviates from the accepted standard of care, resulting in harm.
• 🛡️ Medical professional liability insurance, also known as medical malpractice insurance or 'med mal', provides coverage for liability arising from a medical malpractice claim.
• 👩‍⚕️ Healthcare professionals are expected to meet the appropriate standard of care, which is what a reasonably competent provider with similar background and training would do in the same situation.
• 👥 Expert witnesses may be brought in to testify whether the standard of care was met or not, typically a peer in the same medical field.
• 📝 To win a malpractice case, a plaintiff must prove duty of care, breach of duty, causation, and damages.
• 🏥 The burden of proof in a malpractice lawsuit lies with the plaintiff, and all four elements of proof must be established for a case to win at trial.
• 💉 Causation is a critical part of a malpractice case, where the plaintiff must show that the injury was a direct result of the healthcare provider's actions or inactions.
• 💰 In a malpractice case, damages can be compensatory (economic and non-economic) or punitive, with the latter being rare and not covered by malpractice insurance.
• 🛑 Punitive damages are intended to punish the provider for intentionally harmful or reckless conduct and are not covered by malpractice insurance.
• 🔒 Malpractice insurance does not cover liability arising from sexual misconduct, criminal acts, or inappropriate alteration of patient medical records.
• 📘 To protect oneself, healthcare professionals should ensure they have appropriate malpractice insurance coverage and utilize risk management education and services provided by their insurance carrier.

Q & A

What is the primary focus of the 'Malpractice Insights' show?

The primary focus of the 'Malpractice Insights' show is to help healthcare professionals understand medical malpractice insurance and provide solutions so they can focus on practicing good medicine.

Who is the host of the 'Malpractice Insights' show?

Jennifer Wiggins, the CEO of Aegis Malpractice Solutions, is the host of the 'Malpractice Insights' show.

What is medical malpractice?

Medical malpractice is professional negligence by a healthcare provider that deviates from the accepted standard of care, resulting in harm.

What does medical professional liability insurance cover?

Medical professional liability insurance, also known as medical malpractice insurance or med mal, provides coverage to physicians, surgeons, and other healthcare professionals for liability arising from a medical malpractice claim.

What is the standard of care in the context of medical malpractice?

The standard of care is what a reasonably competent or skilled provider with a similar background and training would have done in the same situation.

What are the four elements a plaintiff must prove in a medical malpractice case?

The plaintiff must prove: 1) a duty of care was owed by the healthcare provider to the patient, 2) the duty was breached, 3) the breach caused an injury, and 4) the injury resulted in damages to the patient.

Why is causation a critical part of establishing proof in a medical malpractice lawsuit?

Causation is critical because the plaintiff must show that the healthcare provider's actions or lack of action directly caused the injury; otherwise, there is no case.

What are the two types of damages in a medical malpractice case?

The two types of damages in a medical malpractice case are compensatory damages (economic and non-economic) and punitive damages.

Why are punitive damages different from compensatory damages in a medical malpractice case?

Punitive damages are only awarded if a healthcare provider's conduct is found to be intentionally harmful or reckless, and they are intended to punish the provider. Malpractice insurance does not cover punitive damages.

What are two key steps healthcare professionals can take to protect themselves from medical malpractice claims?

Healthcare professionals can protect themselves by ensuring they have appropriate malpractice insurance coverage and taking advantage of risk management education and services provided by their insurance carrier.

How can healthcare professionals access risk management courses and potentially receive premium discounts or CME credits?

Healthcare professionals can access risk management courses offered by their insurance carriers, which may provide premium discounts or CME credits for participation.