Medical Malpractice Newsletters
A physician, nurse, hospital, or other healthcare organization must provide its patients with the appropriate standard of care under the circumstances. In a medical malpractice action, an injured party must establish the standard of care and also must show evidence that the healthcare provider breached that standard. Generally, the standard of care is defined as how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. In determining the appropriate standard of care, juries may take into consideration a respected minority rule, which allows a healthcare provider to show that although the course of treatment followed was not the same as the majority of practitioners would have used, it is one that is accepted by a respectable minority of practitioners.
In the past, the courts of many states concluded that private charitable hospitals were not liable for the tortious conduct of their doctors and nurses. The principal reasons given in defense of this blanket immunity included:
In order to permanently prevent a woman from becoming pregnant, a physician may perform one of a number of sterilization procedures. Sterilization may be accomplished through the removal of the uterus, both ovaries, both fallopian tubes, or a closure of the fallopian tubes. A tubal closure is currently the most common procedure when the sole purpose of the procedure is to prevent pregnancy.