Medical Liability I Malpractice

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Medical malpractice has been traditionally and successfully regulated by the states. States have addressed issues regarding court procedures, victim compensation, civil liability, malpractice insurance, medical professionals’ apologies to patients and their families and related matters.

Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission. To recover damages, the patient must establish:

1. The physician owed a duty to the patient;
2. The standard of care and that the physician violated that standard;
3. A compensable injury; and
4. The violation of the standard of care caused the harm suffered by the patient.

This area of the website is organized around the following key issues related to medical liability and medical malpractice:

• State laws summary
• Medical Liability/Malpractice 2012 Legislation
• Medical Liability/Malpractice 2011 Legislation
• Medical Professionals Apologies 2012 Legislation
• Medical Professionals Apologies 2011 Legislation

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