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May 1969

The Critical Malpractice Problem: Its Effect on Medical Care

Arch Otolaryngol. 1969;89(5):685-689. doi:10.1001/archotol.1969.00770020687001

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THE medical profession can no longer ignore the ever-increasing malpractice problem. Malpractice suits are of such great number and the judgments being rendered are of such magnitude, that the physicians' care of the patient is frequently being compromised as the direct result of legal pressures.

Nationally recognized, highly qualified specialists are now finding it necessary to recommend that patients with high risk problems seek their care elsewhere. This unfortunate action on the part of the physician is necessary in order to avoid being involved in the nuisance-type malpractice action that too often follows physician participation in these high risk cases.

Today a physician may be sued on the basis of:

  1. Negligence (malpractice)

  2. Breach of contract (warranty guaranteed and could not deliver the end product)

  3. Assault, battery, and mayhem (lack of informed consent)

  4. Fraud (misrepresentation)

  5. Invasion of privacy (presence of unauthorized personnel during surgery or other

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