What is Malpractice?
Malpractice is, “Any professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary duties, evil practice, or illegal or immoral conduct.” (Black’s Law Dictionary 1111. 4th Ed. Rev. 1968). It refers to negligence or misconduct by a professional that eventually leads to a client or patient being injured or damaged.
Malpractice is commonly referenced in the medical sense. However, malpractice exists in other professions such as accounting and law. Medical malpractice may involve a doctor giving the wrong diagnosis or botching a surgery, resulting in direct harm. Legal malpractice could involve a lawyer mishandling a case due to incompetence or neglect, resulting in their client losing out on financial gains or wrongfully spending time in prison.
Malpractice cases are usually resolved with legal proceedings where the plaintiff seeks monetary compensation from the accused professional. They depend on the proof that the plaintiff was not only harmed, but that the malpractice by the professional was the direct cause. This process is meant to hold professionals accountable for their actions, and protect innocent individuals from the consequences of negligence and misconduct. In cases where professionals are found to commit malpractice, such as Gregory v. McInnis et al, they are often restricted from practicing in that specific field again.
More information about Malpractice
HIPAA- A Barrier Between You & Your Medical Records?
Back in 1996, when the Health Insurance and Portability and Accountability Act (HIPAA) was signed into law, the intention of the law (especially Title IV) was to protect a patient’s right to privacy, reduce fraudulent activity, streamline data systems and improve the health insurance system overall.
For years prior to the law’s passage, there was no federal standard for obtaining your medical records. Without the patient’s knowledge, records were being given to insurance companies, sent to landfills or just flat-out lost. Alerted by highly publicized lapses in medical record confidentiality (a garbage truck crash that sent medical records flying all over the highways, a doctor selling a computer without deleting patient information from the hard drive, and the list went on and on), lawmakers decided a better system was needed. So the whole theory behind HIPAA regs are that your medical records are just that, yours, […]
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