An ailing patient expects a certain quality of treatment when seeking health care. No one wants to be injured by an incompetent medical provider. The amount of physical and mental damage can be incalculable if a mistake occurs. Gross negligence tears apart the bond of trust between doctor and patient, and this experience is usually more traumatic than the initial injury.
Medical malpractice is any act by a physician during the treatment of a patient that deviates from accepted standards, resulting in an injury to the patient. These acts can occur during the diagnosis, treatment, or aftercare stages. The injured party must prove that the physician acted negligently and that such an action resulted in said injury. In short, the standard 4 Ds of medical malpractice must be established for a medical malpractice claim to be considered valid.
These 4 Ds include:
- Duty
- Direct Cause
- Dereliction
- Damages
A healthcare provider must be obligated to provide care that meets the expected standards of practice. Therefore, they must undergo credentialing before an organization hires them and during their tenure. Verifying a provider’s credentials reduces the risk of medical malpractice. In addition, having medical malpractice insurance from a company like Fifth Avenue Agency helps mitigate the financial burden brought on by litigation.
A healthcare provider’s professional liability is not a modern-day creation. The Code of Hammurabi was written between 1755–1750 BC. This set of rules established standards for commercial transactions, setting fines and punishments for transgressions. Included were laws concerning the practice of medicine.
One punishment was severing the doctor’s hands if a patient died under his care. Roman law recognized medical malpractice as a legal wrong. Instead of severing limbs, lawsuits became the dominant penalty in determining damages.
Medical Malpractice First Case: 1755-1750 BC
The first documented medical malpractice case in the United States happened in 1794. A husband sued a doctor after his wife died from an operation the doctor performed. Before the surgery, the doctor promised to operate to the best of his ability. The husband argued that the doctor operated on his wife in an “aggressive and cruel manner,” leading to the woman’s death. The husband was awarded 40 English pounds (equivalent to £5,459 or $7,460 today).
Shortly after, medical malpractice claims began appearing and more in the 1800s. The 1960s saw a boom in them as complex treatments with higher risks of harm emerged. As of 2020, the number of medical malpractice payment reports surpassed 500,000. Reducing medical liability is just as important now as ever, and we can help.
More information about Fifth Avenue Agency
Fifth Avenue Agency specializes in MPLI and medical malpractice insurance, serving 1000s of providers nationwide. Fifth Avenue Agency is part of the Fifth Avenue Healthcare Services family. Sister companies include 5ACVO (credentialing and primary source verification specialists) and Primoris Credentialing Network (credentialing and provider enrollment specialists with 54+ health plan and network provider enrollment options).
For information on Fifth Avenue Agency, please visit FifthAvenueAgency.com or Contact Us.
