1374

The First Recorded Medical Malpractice Case

The earliest reported case of medical malpractice was Stratton vs. Swanlond which was decided in 1374. A surgeon tried to repair a woman's mangled hand. The woman claimed the surgeon said he could cure her, but after the procedure she was still deformed. The case was dismissed on a procedural error, but the judge set ground rules for many future cases. The judge said that physicians could be held liable when they are negligent, but if properly treated, they would not be liable just because it did not cure the patient.