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• Medicolegal Issues
4

Patients can sue health care practitioners if they feel they have been injured. However, successful medical malpractice lawsuits require proof of the following:

• The care provided was below the ordinary standard of care that would be provided by similar health care practitioners under similar circumstances.
• A professional relationship existed between the health care practitioner and the injured party.
• The patient was harmed because of the deviation from the standard of care.

Concern about lawsuits sometimes puts pressure on physicians to act in ways that are not necessarily in the best interest of their patients. For example, physicians may order tests or treatments that are not clearly medically necessary just because patients request them or to avoid even a remote possibility of missing something and thus leaving themselves open to a lawsuit. However, such an approach is not required by law, may not protect against lawsuits, and is generally considered excessive and inappropriate. Also, explaining why a requested test or treatment is not recommended usually satisfies patients. The best defense against malpractice lawsuits is providing excellent health care and building close, trusting, collaborative relationships with patients.

Last full review/revision October 2007 by Charles Sabatino, JD

Content last modified October 2007