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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Attorneys, Not Adjusters, Handle Claims At Texas Medical Malpractice Insurer,...
Attorneys, Not Adjusters, Handle Claims at Texas Medical Malpractice Insurer, Capson Insurance Journal Austin, Texas based Capson Physicians Insurance Co. announced it is providing in house attorneys, rather than adjusters, to help facilitate claims for insureds. According to Capson Physicians Insurance President and Founder Maury Magids, when a medical

St. Francis To Pay 26M In Medical Malpractice Suit WRBL
WRBL St. Francis to pay 26M in medical malpractice suit WRBL COLUMBUS, Ga. Bittersweet moments for a Columbus woman who went to St. Francis Hospital for a common neck surgery and later turned into a disabled woman. Sandra Williams filed a lawsuit against St. Francis Hospital for the end result of her neck

Accused Of Medical Malpracticea Lot The VA May Be The Place For Ars Technica
Ars Technica Accused of medical malpracticea lot The VA may be the place for Ars Technica They went and served their countryand they39re messed up and everything. and more raquo

Statute Of Limitations For Survival Actions In Medical Negligence Case After ...
Statute of Limitations for Survival Actions in Medical Negligence Case After 39Dubose39 Law.com In an opinion by Justice Sallie Mundy, the Supreme Court held in Dubose v. Quinlan, Nos. 21 EAP 2016, 22 EAP 2016 Pa. Supreme Court 11/22/2017 that the statute of limitations in a medical professional liability case for both a wrongful death and a

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Facts of Law covering medical malpractice

Facts of Law Medical Malpractice