Medical malpractice is defined as negligence by a medical professional by "act or omission" which causes serious injury or death. The "omission" part of the equation is actually one of the most common types of medical malpractice even though it is not often spoken about in the media. Common types of medical malpractice include: Failure to diagnose Misdiagnosis Delayed Treatment Failure to diagnose a disease would be an "act of omission."
One year from the date of discovery of injury or ailment caused by initial medical malpractice. This is called the "discovery rule." The article below goes into more detail concerning medical malpractice statutes of limitations in the US.
The statute of limitations in California for medical malpractice is 3 years from the date of medical malpractice and one year from the date the injury or illness caused by the malpractice is discovered. The article below goes into more detail about medical malpractice statutes of limitations.
Medical Malpractice at Hospitals happens all across the nation. All hospitals have issues concerning medical malpractice lawsuits.
A medical malpractice suit is a lawsuit against a medical or healthcare provider who has performed some sort of professional medical negligence. You can file a medical malpractice suit if you have a situation such as this. An example of medical malpractice would be if after surgery it was discovered that a scalpel had been left inside you. Doctors have malpractice insurance to cover themselves in situations such as this.
You can report instances of medical malpractice to the medical licensing commission, but that is separate from suing for medical malpractice. That is done through a regular lawsuit in any local, civil court.
Going to your public library to consult medical and or law books can help you find the definition for medical malpractice. A lawyer will also tell you about medical malpractice.
According to a Congressional Budget Office Report from 2004, malpractice costs account for less than 2% of US spending on Health care. Please see the related link.
Mediation should be required in medical malpractice lawsuits.
C. J. Morgan has written: 'Medical malpractice and economic medical malpractice compensation' -- subject(s): Compensation (Law), Malpractice, Medical personnel
The statue of limitations for medical malpractice suits in Tennessee is one year with the discovery rule. The discovery rule is a stipulation that allows for the statue of limitations to commence upon discovery of the illness or injury caused by medical malpractice. The article below explains further the connection between medical malpractice and the discovery rule.
A medical malpractice lawyer is a trial lawyer who has special training and experience in handling medical malpractice cases including misdiagnosis, failure to diagnose, incorrect prescriptions, hospital-related infections, lab errors, birth injuries, etc. Since medical malpractice cases require proof that the doctor or hospital was negligent, medical malpractice lawyers often have medical experts on call to help prove their clients' cases.