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Studying Medical Malpractice Law



Medical malpractice law is a touchy subject for many, especially those working tirelessly in the medical field. It is, however, an important part of the legal system because it protects the patient from any possible wrongdoing in a medical capacity. While medical professionals are more than adequately trained and there is no reason to fear a visit to your local hospital, there is also comfort to be had in the notion that there are laws that protect you as a patient should something go horribly wrong while in a physician's care.

The Basics of Medical Malpractice Law

Medical malpractice is simply defined as an act or omission of an act by a medical or health care professional that causes injury due to a deviation from the accepted general standards of the healthcare profession and its governing body. Each country has its own individual specifics of medical malpractice law that you should be aware of before making any visits abroad or determining upon any suits in your own country. Being aware of what the law is can make you a dangerous opponent in some of these unfortunate lawsuits.

The English system of law, for example, uses something called the "Bolam test". The Bolam test is a system where, under English tort law, the issue of professional negligence is determined through the demonstration of more than adequate professional skills by the defendant in question. This test effectively proves responsibility by demonstrating professional skills in front of a body of peers who must agree as to the competency as opposed to the deviating opinions of a few. If the professional proves competent through the Bolam test, then the case is likely thrown out or the trial is heavily altered to include the findings.

The United States, on the other hand, has constructed a system of malpractice and negligence laws that do not require any testing. This system fully gives warrant to the fact that incompetence could be an anomaly, meaning it could take place only once, but that once is certainly enough to cause personal injury, bodily harm, and even death. Whereas the English system tends to give more credibility to the professional, the American system tends to side with the plaintiff of the case.

Common Good

One final word about medical malpractice law: The Common Good principle or coalition must be mentioned. Common Good is a coalition of American physicians that are bipartisan. It is an organization that pushes consistently for a set of American malpractice and medical laws that protect all, as the name suggests, for the common good. Common Good aims to restore the fundamentals to American law to protect decisions made by American medical professionals in light of absurd lawsuits.

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