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What is Medical Malpractice?

In law, malpractice is type of tort in which the misfeasance,
malfeasance or nonfeasance of a professional under a
duty to act fails to follow generally accepted professional
standards. It is committed by a professional or her/his
subordinates on behalf of a client or patient that causes
damages to the client or patient. Perhaps the most
publicized forms are medical malpractice and legal
malpractice by medical practitioners and lawyers
respectively, though accountants (Arthur Andersen) and
investment advisors (Merrill Lynch) have been in the news
lately.

The medical profession and insurance industries argue
that lawsuit abuse increases the cost of health care and
threatens access to health care for all Americans. On the
other hand, lawyers who handle medical malpractice claims
note that the quality of health care in the United States of
America is among the best in the world, and they contend
that it is largely due to the ability of citizens to obtain an
effective judicial remedy when they are victimized by
medical malpractice. Insurance companies claim that
studies show that very few medical liability lawsuits stem
from what they call true malpractice, and they argue that
very few cases of actual malpractice end up in suits.
Lawyers note that that is because of the extremely high
cost of pursuing medical malpractice claims, which is in
part due to the reluctance of physicians to testify against
their colleagues, forcing Plaintiff's lawyers to spend large
sums of money for expert witnesses from distant locations.
The insurance industry claims that the cost of defensive
medicine, in which physicians order tests or treatments for
medico-legal rather than clinical reasons, has been
documented to be as large as $50 billion per year, but,
once again, those involved in the legal system believe that
accountability has produced a health care system second
to none in the world, and that the extra cost of the best in
health care is well worth the additional expense.
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Free Medical Malpractice  Advice Online Here
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