What are the origins of Medical Malpractice Litigation?

Laws in ancient Rome and Greece allowed doctors to be immune to punishment for actions committed for their profession. This was the status in Europe before 14^th century as well. The first recognized case of medical malpractice was in 1374 in London, England. A woman charged a surgeon for violation of contract. The woman stated that the doctor promised to repair her mangled hand for a fair payment, but did not do this. That lawsuit was dismissed because of  the wording of the complaint. However, in providing the judgment, the judge established some fundamental guidelines for medical malpractice – relating the case to treating a horse. He explained if a patient were hurt due to his negligence, that a physician could be liable for medical malpractice; however, if a good faith effort was made by the doctor, he would not be held liable, even if he were unable to cure the condition.
The initial recorded medical malpractice case in America took place just before the American Revolution. In that case, a woman called Cross, reported pain in her chest. The physician, Dr. Guthery diagnosed scrofula, a type of tuberculosis infection within the lymph nodes. Dr Guthery immediately conducted an amputation of the breast, but Ms. Cross suffered complications and subsequently hemorrhaged to death.  Doctor Guthery sent her husband a bill for 15 pounds plus his regrets. Her husband filed a lawsuit against Dr. Guthery and not only persuaded a jury to dismiss the bill, but also gave him 40 pounds as compensation for the lack of his late wife’s companionship. Therefore arose the marvel of medical malpractice litigation.

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