Negligence and Medical Malpractice

Medical malpractice is an injury to a patient caused by a health care provider&s;s negligence. Some physical and mental medical injuries are caused by negligence. In 1970, there was less than one chance in 100,000 of an incident occurring that would give rise to a medical malpractice suit when a physician or dentist treated a patient. However, with a total of 382,000 physicians, dentists and hospitals at risk, one out of every twenty-one health care providers was the object of a malpractice claim in 1970. Attorneys generally take malpractice cases on a contingent fee system. If the plaintiff wins the case, the lawyer will receive anywhere from one-third to one-half of the amount settled on or won. Since rate making for insurance companies is based on past experience, the long tail of malpractice claims makes premium determination a vexing problem. In some situations, negligence, under the doctrine of res ipsa loquitur , can be inferred from the circumstances surrounding the injury.