Medical Malpractice from a Legal Perspective Essay by JPWrite

This paper explains that medical malpractice only falls within the realms of negligence that occurs in the context of medical or health care, even though the basic legal issues involved in medical malpractice coincide with the legal elements that encompass common negligence. The paper further explains that there are four basic factors comprising medical malpractice that mirror those which define common negligence, but that there are additional requirements involved that expressly apply to negligence in a medical context. The paper then points out that, as a result of these additional requirements, medical malpractice cases also present many unique, complex and confusing issues that are exclusive to the medical profession. Next the paper elucidates on the issues, concluding that ultimately everything boils down to the question of which is more important;the rights of patients to expect quality treatment, or the obligation of physicians to provide it.