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Facts - Books - News    U.S. Facts Of Law:

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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Medical Malpractice News
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Negligence Medical Malpractice Surgery Massachusetts Lawyers Weekly
Negligence Medical malpractice Surgery Massachusetts Lawyers Weekly Where a medical malpractice tribunal dismissed the plaintiffs39 claim that the defendants committed malpractice by leaving a metal clip inside a patient after his surgery, the order of dismissal must be vacated because the offer of proof by the

Opioids Top List Of Malpractice Claims Linked To Medications Medscape
Medscape Opioids Top List of Malpractice Claims Linked to Medications Medscape These painkillers account for more medical malpractice claims related to drug errors than any other drug class, according to a new study released today by the medical liability insurer Coverys that illustrates the far reaching effects of the opioid

4M Awarded In Malpractice Suit Over Death Of Stoughton Woman In Childbirth W...
WCVB Boston 4M awarded in malpractice suit over death of Stoughton woman in childbirth WCVB Boston Nine years after a Stoughton mother died in childbirth, her family has been award 4 million in a medical malpractice lawsuit, the Enterprise reported. A jury delivered the verdict after a trial in Norfolk Superior Court that lasted more than three weeks. and more raquo

Jimmy Kimmelaposs Medical Malpractice New York Post
New York Post Jimmy Kimmel39s medical malpractice New York Post Late night talk show host Jimmy Kimmel has taken to scaremongering, with well worn Democratic Party talking points regarding health insurance policy. Between yuks, he occasionally accuses Republicans of being would be baby killers, which is treated as and more raquo

Medical Malpractice Reform: A Fix For A Problem Long Out Of Fashion Managed ...
Managed Care magazine Medical Malpractice Reform: A Fix for a Problem Long out of Fashion Managed Care magazine State tort reforms have all but relegated the malpractice crisis to the history books. But there39s good news for those of you into all things retro: The House of and more raquo

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Facts of Law covering medical malpractice

Facts of Law Medical Malpractice