
The government directly and indirectly (through the tort system) regulates the healthcare system.
Medical malpractice is a broad term that encompasses any errors that occur in a medical setting.
Medical malpractice can occur in many forms, including misdiagnosis of some disease or condition, failure to inform the patient of the risks inherent with a certain procedure or drug ("informed consent"), negligently performing a procedure, and prescribing the wrong drug (either a non-effective drug, one that the patient is allergic to, one that may harm the patient if taken with other already prescribed drugs, or one that may harm the patient due to a preexisting condition).
Physicians, surgeons, nurses, pharmacists, technicians, hospitals, and managed care organizations including HMOs and PPOs can all be held liable for personal injuries involving medical malpractice.
In order to bring a medical malpractice suit for negligence, a person must prove that a medical professional or entity had a duty to treat the patient in a certain manner, failed to do so, and therefore caused that person's injury.
In order to file an intentional medical malpractice suit, a person must prove that a medical professional or entity purposefully did something or failed to do something with the intent of causing harm to a patient. This is less common than a medical malpractice suit for negligence.
Doctors are required to inform the patient of the projected effectiveness of his or her treatment and the possibility of negative side effects or other adverse outcomes. Before a doctor can perform a procedure, prescribe a drug, or take any significant action, he must get the "informed consent" of the patient.
The healthcare industry generated over $1 trillion dollars in 1999. Hospitals generated over $413 billion dollars, and doctors generated over $190 billion dollars in 1999.
Approximately 3% of all hospital patients are victims of medical mistakes. A 1999 Recent U.S. Healthcare Industry Survey estimated that between 44,000 and 98,000 patients die each year as a result of medical errors. Of that number, 7,000 patients died as a result of prescription errors or drug dispensing errors.
95% of doctors, 89% of nurses and 82% of hospitals executives surveyed by the Robert Wood Johnson Foundation, a U.S. Healthcare Industry survey company, stated that they had seen major quality of care or witnessed at least some medical mistakes during their careers.
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