Personal Injury Torts
Medical malpractice litigation is the classic civil lawsuit in medical care and clinical public health. It is brought by the patient against medical health care practitioner or an institution providing medical care. The object of the lawsuit is to force the defendant to pay the plaintiff money to compensate the plaintiff for an injury cased by the defendant’s actions. When the claims against private defendant, there will be medical malpractice insurance which the cost of hiring an attorney to defend the claim and any settlement or verdict awarding the plaintiff damages. If the award is very large, it may exceed the limits of the insurance and the defendant will have to contribute from personal or corporate resources. If the medical care practitioner works for a governmental agency, the governmental entity will defend the claim and pay any damages.
There are many other possible personal injury claims in medical care. Individuals can be injured by dangerous conditions that are unrelated to medical care delivery itself, such as slick floors or a malfunctioning elevator. There can also be intentional injuries, such as the rape of a patient by hospital employee or an assault by another patient. If the injury results from criminal activity, it may not be covered by insurance. The medical care practitioner or institution will have to pay for both the defense of the claim and any jury verdict or settlement.