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Malpractice Overview

          Medical Malpractice & Medical Negligence are medical mistakes that cause suffering to a patient. Medical malpractice occurs when a health care provider acts in a negligent manner when treating a medical condition. Medical malpractice may cause from an act of commission, (inappropriate action taken by the practitioner) or omission (failure to take appropriate action). The most common examples of medical malpractice are:

          In order for a medical malpractice suit to be proved, the claimant must establish the following:

  • Duty was owed: A legal duty is established whenever a health care provider undertakes care or treatment of a patient. The presence of a valid physician-patient relationship has to be proved before a claimant can even make a malpractice claim.
  • Dereliction of Duty: It refers to the breach of duty by the healthcare provider. It may be an inability to provide an acceptable standard of treatment, or delay in treatment. Expert testimony may sometimes be needed to prove this.
  • Breach caused an injury: The claimant has to prove that the physician’s negligence led to injury. In other words, it has to be proved beyond doubt that had the physician acted differently, the injury could have been avoided.
  • Damages occurred: Unless damages of some sort are sustained by the patient, there is no basis for a claim. Damages claimed may be direct, (medical expenses, lost earnings) or indirect (emotional distress, pain and suffering). Punitive damages are awarded in case of reckless conduct.

          These points are central to a medical malpractice case. If these points are proved, a suit is more likely to be successful. It is pay to check physician for malpractice problems .

 

 

 

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