MALPRACTICE IN MEDICINE
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Medical Malpractice is one major area within health care law in which misconduct or lack of skill in providing medical treatment or services. Through a negligence action, the victims of medical malpractice seek compensation for their physical or emotional injuries, or both.
If the plaintiff patient can establish that there was in fact a patient-physician relationship, the physician may be found liable for medical malpractice. To protect themselves against the massive costs of such claims, they purchase malpractice insurance. Medical malpractice liability can extend to hospitals and even to health maintenance organizations (HMOs). Most states have enacted legislation that modifies the common law action of medical malpractice, in an attempt to stem the rising tide of lawsuits.