Malpractice

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Medical Malpractice

Medical malpractice occurs when a medical professional or hospital adversely affects the health of a patient through inappropriate medical care or the lack of proper care or neglect.

In order for the medical malpractice to become a case of legal negligence, the healthcare provider must have:

  • Failed to do something (or did something) to a patient that a prudent health care professional in the same field would have reasonably been expected to do (or not do) in the same circumstance.  And,
  • Caused harm to the patient as a result of the inappropriate action or inaction and the harm should have been reasonably expected.

Because of the complexity of medical care, courts realize that judges and juries are untrained in medical procedure and require guidance from experts in the medical field.  Therefore, the testimony of expert witnesses are required to present their opinions of the facts of the case.  Both the plaintiff and the defense may produce their own experts who might offer conflicting opinions.  The judge or jury can then make a reasonable determination as to which opinions to accept and which to reject at arriving at their decision in the medical malpractice trial.

 


 

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What To Look For In A Medical Malpractice Lawyer TG Daily Blog
What to Look for in a Medical Malpractice Lawyer TG Daily blog In choosing any lawyer, finding the right match for you and your case is extremely important. One of the most important areas perhaps is medical malpractice, and you39ll want to know ahead of time what to look for when selecting the proper lawyer. To

Surgeon In Medical Malpractice Trial Left The Operating Room Too Soon, Attorn...
Fresno Bee Surgeon in medical malpractice trial left the operating room too soon, attorney says Fresno Bee The medical malpractice civil trial of heart surgeon Pervaiz Chaudhry in Fresno County Superior Court began Thursday with the opening statement by the attorney for a patient left in a vegetative state after open heart surgery. When heart patient

Medical Malpractice Revision Moving Toward November Ballot WUSF News
WUSF News Medical Malpractice Revision Moving Toward November Ballot WUSF News In October, the Supreme Court overturned a decision by the 2nd District Court of Appeal that would have allowed Bartow Regional Medical Center to avoid turning over records that were prepared at the request of the hospital39s counsel outside of

Malpractice Issues Surrounding Medical Emergency Preparedness In Dentistry D...
Malpractice issues surrounding medical emergency preparedness in dentistry Dental Economics When I lecture on medical emergency preparedness, I am often asked, What do I need to do to protect my office from a malpractice suit The answer lies in understanding three concepts: 1 the nature of medical emergencies during dental care, 2 what and more raquo

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Facts of Law covering medical malpractice

Facts of Law Medical Malpractice