History Of Medical Malpractice

(1/9) You've probably heard the term medical malpractice at least once in your lifetime. This makes sense since there have been multiple malpractice lawsuits against healthcare professionals. You may not have known that the term malpractice can be traced back to ancient civilization. Over the years, however, there has been an evolution. As societal values and medicine changed, so did the definition of medical malpractice. Now, let's take a trip down memory lane.

Ancient Civilizations (3000 BCE - 500 CE)

Doctors have had the burden and the gift of saving human life for years. So, they have been expected to follow specific standards to ensure patient safety. Long before the concept of medical malpractice lawyer in Chicago, IL, came up, there was the Hippocratic Oath. This oath, which originated from ancient Greece, emphasized the importance of medical ethics. Doctors were expected to take the oath, promising to "do no harm" in their medical careers.

Apart from the Hippocratic Oath, another cornerstone of medicine that can be traced to ancient civilizations is liability. This started in ancient Rome and was established by Lex Aquilia (circa 287 BCE). From this point on, doctors were legally responsible for any harm to patients due to negligence from the doctor. Lex Aquilia laid the foundation for modern malpractice lawsuits.

Middle Ages (500 - 1500 CE)

Things took a deeper turn in the Middle Ages when a justice system was established in England. This system, developed by King Henry II in 1166, was known as the Assize of Clarendon (1166 CE). It was not meant for medical malpractice alone but for every other crime or misconduct. Men were put in place as jury members to identify wrongdoers so they could be punished according to their crimes. King Henry wanted to provide more accountability and transparency in how criminals get justice. It also protected the clergy in the early churches from judgment by commoners. This system had a direct influence on the jury trials we have today.

Modern Era (1800 - 2000 CE)

After the United States broke out and became an independent nation, they became a force in the revolution of medicine. There was increased scrutiny on how instances of medical malpractice cases were handled, and doctors were put under significant supervision. The United States also made innovations in medical technologies and the profession, setting the global stage for the present era.

Contemporary Era (2000 CE - present)

Today, things have changed significantly for a multitude of reasons. For starters, technology has made practicing medicine easier to reduce the risk of unnecessary injuries and deaths. While this is great for patient care, it also means that doctors have no room for human error. Apart from tools that make diagnosis and surgeries easier, there are artificial intelligence and machine learning tools that gather and visualize data for medical use. If a doctor makes a mistake while working in these favorable conditions, the consequences may be catastrophic.

Conclusion