Overview of the Legal System

In the current health care environment, an increasing number of patients who believe they have sustained physical or psychological harm (a "bodily injury") as a result of the hospital's or a health care provider's negligence bring claims or lawsuits to recover damages. A number of factors are felt to contribute to patients' decision to sue, such as the experiencing of an unexpected or less than perfect result, or a feeling that they have been treated in an uncaring, rude, unsympathetic and/or less than professional manner. Many believe the most important factor that causes a patient to resort to litigation is a breakdown in the patient-physician relationship. Although some patients have legitimate reasons to bring a claim or lawsuit, much of the increase in litigation is attributable to our living in a society which commonly uses litigation to address any perceived injustice.

Generally, hospitals and health care providers need to be concerned about two types of negligence claims, professional liability (commonly referred to as "medical malpractice") and general liability.
Professional liability, or medical malpractice claims, generally concern allegations of negligence regarding the rendering of professional services which result in bodily injury to the patient. Negligence, in the professional liability setting, is defined as a departure, either by the acts or omissions of a health care provider, from the accepted standards of care.
General liability, or general "negligence" claims, usually concern allegations of negligence regarding the maintenance of the hospital's or a health care provider's buildings and/or property resulting in bodily injury or property damage to a visitor, or less commonly, to a patient. Negligence, in the general liability setting, is defined as the failure to exercise a reasonable degree of care which the law requires to protect others from a foreseeable or unreasonable risk of harm. In a physician's office or the common areas of the hospital (rather than a specific patient room), a number of factors may give rise to a claim for general liability. Most often, general liability claims involve "slips and falls". However, a number of other occurrences can give rise to these types of claims.