KevinMD November 23, 2024
Howard Smith, MD

Fundamental in a medical malpractice lawsuit is determining whether an unfortunate outcome is an error of nature or a medical error. An error of nature results from a medical intervention that aligns with the standard of care. A medical error, on the other hand, results from a medical intervention that departs from the standard of care.

The problem in medical malpractice is that errors of nature can be random occurrences even when a medical intervention complies with the standard of care. Lawsuits that result from such cases are often without merit. Eighty-five thousand lawsuits are filed per year, two-thirds of which fit this category. The odds for any doctor of being sued is 8.5 percent per year. Yet, behind each...

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