[Skip to Content]
[Skip to Content Landing]
Citations 0
Books, Journals, New Media
March 16, 2005


JAMA. 2005;293(11):1393-1397. doi:10.1001/jama.293.11.1393-a

When physician-attorney Hubert Winston Smith published a six-part series called “Legal Responsibility for Medical Malpractice” in JAMA 63 years ago, he devoted the first article to the development of the common law, one article each to the four elements (duty to the patient, negligence, proximate cause, and damages) that must be proven in order to demonstrate malpractice, and one to the system for dealing with malpractice. He discussed numerous legal precedents at length, but not insurance. The standard of care being what an ordinary, competent physician would do under the circumstances, Smith did not dwell on how to avoid liability.

First Page Preview View Large
First page PDF preview
First page PDF preview