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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
GN News

Big Pharma Worms Its Way Into Congressapos Medical Malpractice Bill HuffPost
HuffPost Big Pharma Worms Its Way Into Congress39 Medical Malpractice Bill HuffPost While the nation pays close attention to the Senate39s health care bill this week, the U.S. House of Representatives intends to do more egregious harm to and more raquo

Florida Supreme Court Strikes Down Cap On Medical Malpractice The National ...
Florida Supreme Court Strikes Down Cap on Medical Malpractice The National Law Review The Supreme Court of Florida held that the state39s statutory caps on personal injury noneconomic damages in medical negligence actions violate the Equal and more raquo

Avoiding Medical Malpractice Medpage Today MedPage Today Blog
Avoiding Medical Malpractice Medpage Today MedPage Today blog Must reads about the latest news and trends in healthcare careers. and more raquo

Supreme Court Rejects Medical Malpractice Caps Supreme Court rejects medical malpractice caps We further conclude that because there is no evidence of a continuing medical malpractice insurance crisis justifying the arbitrary and invidious discrimination between medical malpractice victims, there is no rational relationship between the Fla. high court strikes down medical malpractice damages Fla. Supreme Court Rules Medical Malpractice Caps UnconstitutionalPR Newswire press release Florida caps in malpractice cases ruled unconstitutional St St. Augustine Record all 15 news articles raquo

D.C. Bill Could Nullify TX Medical Malpractice Laws KTSA 550 KTSA
550 KTSA D.C. Bill Could Nullify TX Medical Malpractice Laws KTSA 550 KTSA Medical malpractice laws in Texas and other states would be nullified under a measure in Congress that could be voted on this week. House Resolution 1215 80 Public Interest Groups Say US House Bill Would Take Away Rights of Patients Harmed by Medical Negligence WireUpdate all 5 news articles raquo

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Facts of Law covering medical malpractice

Facts of Law Medical Malpractice