Medical Malpractice & Negligence
If a patient sustains an injury because of a health care provider's negligent act or failure to act, the provider may be liable for medical malpractice. Examples of malpractice include misdiagnosis, prescribing the wrong medicine and failing to get informed consent prior to performing a procedure.
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Negligence
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Medical malpractice can occur when a health care provider is negligent. If a provider fails to exercise the same kind of care and prudence as other providers in the same field of medicine, he may be deemed negligent.
Res Ipsa Loquitur
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Under the doctrine of "res ipsa loquitur," which means "the thing that speaks for itself," it is unnecessary to prove negligence when it is apparent that the health care provider's negligence caused the injury. A plaintiff must establish the following: the injury does not usually occur in the absence of negligence, the health care provider maintained sole control over the instrumentality responsible for causing the injury and the plaintiff's conduct did not contribute to the injury.
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Liability
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Medical malpractice does not only apply to doctors. Other health care providers, such as nurses and technicians, may be liable under the doctrine.
Damages
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The amount of damages a plaintiff can recover for medical malpractice depends on whether a state uses caps to limit compensation. Typical damages include compensation for medical treatment, wage loss, pain and suffering, and attorney fees.
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