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Malpractice vs. Mistake

From: AMD (anonymous@obgyn.net)
Thu, 21 Jan 1999 00:24:10 -0600 (CST)


I know this may be a tempest in a teapot, but this is intended as more of a philosophical question. What is the difference between legally vulnerable malpractice vs. best-care-possible-but-still-a-bad-outcome? How do you determine problems from birth injuries that could be prevented from problems the baby would have had anyway from cases where the bad outcome was as good as it could get for this kid? Does a missed diagnosis that does not change the long-term outcome constitute malpractice -- say if you missed an STD that progressed to PID that was successfully treated later? Should the doctor be sued for missing the STD? How "bad" does a bad outcome need to be to justify malpractice?

The examples above are just examples -- I am not requesting advice on a specific medical issue or potential litigation. I just hear a lot about malpractice suits, especially for OB/GYN's, and wonder what medical professionals think is legitimate malpractice vs. frivolous lawsuits?

And to add more fuel to the fire: When does malpractice cross the line to criminal liability? Should a doctor be arrested and charged for failing to provide appropriate care?

Andrea






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