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Medical Malpractice

    Medical Malpractice Editor's Picks

    • How to Start a Medical Clinic

      The United States' Surgeon General's Office notes that public health priorities for America are presenting disease and removing disparities in the medical field with regard to race, culture, age and other demographics. Other priorities for the Surgeon General's Office involve preparing government organizations and medical facilities... more »

    • Legal Outsourcing Process to India

      Legal process outsourcing (LPO) to India is projected to reach $4 billion by 2015, according to a report by Forrester Research. Indian firms charge around $60 an hour versus $200 at the legal departments of large U.S. corporations or Manhattan law firms. U.S. law firms and Fortune 500 giants such as Microsoft Corp. currently outsource... more »

    • How to Start a Free Health Clinic

      According to the U.S. Census Bureau, in 2007, 45.7 million Americans were uninsured. As company benefits shrink and individual insurance plans become increasingly more expensive and harder to obtain, starting a free health clinic can help so many people in your community. Even if your clinic only operates one day per week, you'll be... more »

    • What Is Medical Malpractice?

      According to the National Practitioner Data Bank's annual report for 2006, the average amount awarded that year in medical malpractice claims against physicians in the United States was $311,965. Such figures are one reason why patient safety, the prevention of medical errors and the avoidance of medical malpractice lawsuits are... more »

    • How to Become a Medical Malpractice Lawyer

      A medical malpractice lawyer assists clients who feel that a doctor's negligence or poor performance has caused harm. Becoming a medical malpractice lawyer often requires additional legal training to understand complex medical terms and procedures. Some of the most sought-after medical malpractice lawyers are those who have become... more »

    Medical Malpractice Articles

    Wikipedia

    Medical malpractice

    Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.

    A doctor would be liable for (depending on the circumstances) such things as prescribing experimental drugs and performing cosmetic surgery.

    The medical malpractice claim
    The party

    The plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or in the case of a wrongful-death suit the executor or administrator of a deceased patients estate.

    The defendant is the health care provider. Although a health care provider usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. As illustrated in Columbia Medical Center of Las Colinas v Bush, 122 S.W. 3d 835 (Tex. 2003), "following orders" may not protect nurses and other non-physicians from liability when committing negligent acts. Relying on vicarious liability or direct corporate negligence, claims may also be brought against hospitals, clinics, managed care organizations or medical corporations for the mistakes of their employees.

    Elements of the case

    A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim.
    # A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
    # A duty was breached: the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitur or the thing spe read more at » http://en.wikipedia.org/wiki/Medical+malpractice

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