2008/12/03 by B. Sonny Bal · 316 citations
Health Professions · Medicine · Social Sciences · #Adversarial system #Damages #Duty #Duty of care #Healthcare cost, quality, practices #Jury #Jury trial #Law #Legal Education and Practice Innovations #Liability #Malpractice #Medical Malpractice and Liability Issues #Medical emergency #Medical malpractice #Medicine #Negotiation #Pain and suffering #Personal injury #Political science #Tort #Tort reform
paper · open access · doi:10.1007/s11999-008-0636-2
published in Clinical Orthopaedics and Related Research 467(2), 339-347 (Lippincott Williams & Wilkins)
openalex publication_date 2008/12/03 · openalex created_date 2016/06/24 · openalex updated_date 2026/07/30
Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice lawsuits are a relatively common occurrence in the United States. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial. The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.