Category: Health News
Created: 9/20/2008 2:00:00 AM
Last Editorial Review: 9/22/2008
Medical Malpractice - The Thing to Avoid
You may have seen it on television on or two times because it is usually very controversial. And in addition to that it is every doctor's nightmare. Medical malpractice is a very serious charge and is one that is sure to destroy a doctor's credibility if proven at fault. Put simply, medical malpractice is defined as an act or omission of a health care provider which leads to the patient's injury and deviates from accepted medical standards. Put simply, it is the height of negligence for any medical practitioner. Doctors charged with medical malpractice are sure to have their reputations damaged or much worse.
There is a duty owed- there is a legal duty whenever a hospital or health care provider gives care to the patient.
The breach caused injury to the patient
Damages- these may be pecuniary or emotional but damages are definitely needed for a medical practitioner to be liable. These can be compensatory (economic and non-economic) or punitive (in the case of reckless conduct) in nature. Non-economic damages can be the injury itself, the loss of limbs, senses, a loved one or severe emotional distress.
This duty was breached- the hospital or provider did not conform to the accepted care standards. Witnesses, reliable testimony or self explanatory evidence is needed for the case to hold any water.
Plaintiffs usually must assure the following before medical malpractice can be proven or charged:
Medical malpractices are very serious cases. In some cases, the guise of medical malpractice has been used to mask the presence of murder. Physicians and medical practitioners can go to jail for a long time if proven guilty and be made to pay millions of dollars in damages depending on how serious the case is.
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