This Article seeks to explore previously unexamined differences between the negligence and strict liability rules and thereby examine whether medical liability reform is required. The main thesis is that negligence as a basis for liability entails a unique mechanism, which is essentially different than the strict liability mechanism, and is more efficient for several reasons related to the lega...

time, and though every intelligent mian knowvs that in all medical treatment there is an element of risk the plaintiff often thinks it vorth wvhile trying to convince the court that because there has been a mishap there must necessarily have been negligence. To rebut any such presumption is difficult, and often impossible. But though one has full sympathy wvith a patient wvho has met with furth...

Background: As part of an interdisciplinary study of medical injury and malpractice litigation, we estimated the incidence of adverse events, defined as injuries caused by medical management, and of the subgroup of such injuries that resulted from negligent or substandard care. Methods: We reviewed 30 121 randomly selected records from 51 randomly selected acute care, nonpsychiatric hospitals i...

Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in th...

I ought perhaps to add one further observation about the litigation of such claims. In a recent case the claim was brought against the surgeon and the sister who had been responsible for the counting of the swabs. I suppose that this was done on the basis that the combined duties of the two of them together covered the whole field of activity, within which any negligence connected with the non-...

Background: Medical malpractice is a serious problem in the health care system. This study aimed to review the medical negligence in Iran. Methods: Based on the PRISMA checklist, a search for scientific records was done separately by two researchers. All the articles that had selection criteria were evaluated in terms of methodological quality. Medical malpractice was assessed in four main div...

IN medical malpractice litigation, negligence is the predominant theory of liability. The basic elements of a malpractice claim are duty, negligence, causation, and damage. Duty refers to the practitioners responsibility to treat a patient according to the standard of care. Negligence is defined by law as a deviation from the accepted standard of care and, therefore, a breach of duty. Causation...