ABSTRACT

Doctors and other healthcare providers will continue to make mistakes, mostly unintentional, but still mistakes that can inhibit the ability of victims to lead a normal life or to earn a living; mistakes that cause a great deal of physical pain or mental anguish. Medical malpractice can be defined as professional negligence occurring through an act or omission by a healthcare provider; that is, the care that is given deviates from accepted standards of practice in the medical community and causes injury to the patient. Attempts are currently being made to protect healthcare providers from the cost of malpractice insurance. Economic damages are relatively easy to define because they are quantifiable. One simply has to add up the numbers. The definition of non-quantifiable, noneconomic damages, however, is usually an exercise in subjectivity. Arbitration is also an alternative to going to trial and also involves a panel.