The term “malpractice” is of hybrid origin. It is derived from the Latin malus which means evil and the English practice.
When applied to the medical profession, malpractice denotes in improper medical or surgical treatment that harms a patient.
Professional negligence or professional liability are often used in place of malpractice. Professional malpractice, of course, is not limited to those practicing the healing arts that may occur in any profession, trade, or skill, including the law.
In the minds of the public, malpractice implies carelessness, incompetence or negligence. In reality, however, many acts of so-called malpractice are in the category of mispractice or non-practice, involving errors of omission rather than of commission — e.g. failure to take a complete medical history, failure to call in a consultant/specialist, or failure to institute certain diagnostic studies.
When a patient suffers injury believed to have been caused by the malpractice of a physician, the patient will ordinarily seek legal counsel to discuss the possibility of initiating a lawsuit. The retained attorney will generally investigate the facts underlying the patient’s allegations by obtaining in evaluating the patient’s medical and hospital records. The attorney will also discuss the care and treatment provided to the patient with a qualified medical expert or consultant in an effort to determine whether there has been a violation of the applicable standard of professional care. After sufficient preliminary information has been obtained, the attorney will be in a position to provide advice with respect to the filing of a lawsuit. Based on such advice, malpractice litigation may be initiated.
The primary purpose of such litigation is to recover monetary damages from the defendant physician, hospital, or healthcare provider to compensate for the injuries caused by the wrongdoing.
