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Medical malpractice covers a broad range of healthcare related cases. The three commonly regarded categories for these claims are:
- Mistakes in procedure or surgical errors
- Failure to fulfill obligations related to reasonably detectable and life-threatening conditions
- General health care negligence (can include the physician, nurse, hospital, medical specialist, emergency medical personnel, and other healthcare providers)
In order to show the Court there is a basis for the medical malpractice claim, the plaintiff and his or her attorney must prove that several elements are more than likely true (based on a "preponderance of evidence"). The plaintiff must show that the defendant had an obligation to behave in a certain manner and complete certain duties; the defendant breached that duty; the plaintiff experienced injury; and the injuries sustained by the plaintiff were a result of the plaintiff's malpractice (also called causation).
Wiki User
∙ 11y ago
Wiki User
∙ 9y agoMisdiagnosis or delayed diagnosis is a very common claim in medical malpractice cases. Complications with childbirth is another.
cw: Medicine is 85% correct; the other 15% may lead to lawsuits. But frankly, lawsuits generate money. People want money. Therefore, correct treatment or not -- lawsuit. Case example: A bathtub leaked. Some parts of the ceiling fell (onto the apartment underneath). A person got dirty. Not much of a lawsuit there. So the dirty haired person had a rod placed into his spine -- BIG BUCKS! Of course, his life expectancy just dwindled, but he didn't ask about that.
Wiki User
∙ 14y agoI believe that the most sued specialty are Ob-Gyns.
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Where can I go to find a little more information about medical malpractice?
Medical malpractice information can be found in legal books from your local library, or from any law offices. Speaking to a medical malpractice lawyer can get you the most professional information.
What are the top medical malpractice expert witness cases?
Expert witness testimony is essential to most medical malpractice cases. In all cases these malpractise cases require a medical witness and usually the most qualified.
Does Alabama have medical malpractice caps?
Actually, despite the fact that most states have damage caps for medical malpractice, Alabama's caps were declared unconstitutional except in cases of wrongful death involving medical malpractice. For these cases, there is a cap of $1,000,00. The law article below provides more specific information concerning medical malpractice damage caps in the States.
What are the three types of medical malpractice damages?
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."
Who are some medical malpractice attorney lawyers in San Jose?
There are several medical malpractice attorney lawyers in San Jose. I would try the attorneys at www.FagelLaw.com. There is no shortage of medical malpractice attorney lawyers in San Jose,most work on contigencey. I would sign up for a free consultation at www.GorenLaw.com .
What is the statute of limitations in Virginia for filing a medical malpractice suit?
The statute of limitations for filing a medical malpractice suit in Virginia is two years. Unlike most other state, Virginia does not include a "discovery rule" stipulation in the number.
Where to report medical malpractice?
Most hospitals and other professional medical care facilities will have someone on staff who is charged with managing the risk of malpractice. These people are in place to protect the medical facility from very expensive medical malpractice claims. Patients who are injured by a negligent medical professional have the legal right to file a medical malpractice claim, and often they will be paid a large amount of money from the hospitals or doctors medical malpractice insurance policy.Obviously, the insurance companies don't want to pay out a lot of money, sometimes in the hundreds of thousands or millions of dollars, so they will try to get the patient to sign a release form so they can save a lot of money. When a patient reports negligent medical treatment, they will be pressured to accept a small settlement in return for signing a release of liability.Talk to a Medical Malpractice Lawyer FirstAny patient who has suffered due to poor medical treatment should always Talk to a Medical Malpractice Lawyer before taking any action. Lack of experienced representation can result in a patient losing out on their claim, the insurance company skipping out on their responsibility and the hospital continuing their negligent treatment with other patients.
What is malpractice in the health field?
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and regulations for medical malpractice vary by country and jurisdiction within countries.
Is there a statute of limitations on suing someone for malpractice?
Yes, but it varies a good deal from state to state. Most states include "the discovery rule" in cases of medical malpractice which allows for the statute of limitations to start from the date the the injury or illness caused by medical malpractice is first discovered.
What cause the most medical malpractice suits?
Some of the most common medical malpractice suits involve misdiagnosis of appendicitis, mistreatment of lung and breast cancer, hospital acquired infections, aortic dissections, and failure to diagnose or mistreatment of heart attacks.
Is there a statute of limitations to file a compensation claim for medical negligence in Alabama?
"Although it differs from state to state, all have limitations on malpractice claims. Alabamba's happens to be 2 years after the malpractice has happened."
Malpractice Attorneys?
Medical malpractice is one of the most common legal issues in the world. Each year, thousands of people the world over file lawsuits against medical professionals on the grounds of malpractice, many of whom walk away with fairly large settlements. The fact is, medical malpractice is a problem that has been omnipresent for many years, and having a malpractice attorney on your side is one of the most important things you can do if you find yourself facing such a situation. One of the biggest problems for many people is that they do not know what constitutes medical malpractice. Many people have surely suffered what most would deem malpractice, yet they simply don’t know enough about the laws to feel comfortable going forward with a lawsuit. Medical malpractice attorneys are well-versed in the details regarding such laws, and can help you sort out your situation to determine whether or not you may have a case. The term medical malpractice is really an umbrella for a variety of different actions that fall beneath it. A basic synopsis of medical malpractice is hard to dictate, but could be characterized as any miscalculation by a medical professional that has affected the patient in any way, shape or form. This could range from a botched surgery to the administration of the wrong medication. With the health-care system the way it is, these types of mistakes occur more often than most people might think. If you feel as if you might have a medical malpractice lawsuit on your hands, it’s crucially important to contact a malpractice attorney as soon as possible. Navigating through the laws of medical malpractice on one’s own can be a dangerous game, as the laws can be rather confusing. Instead, it is always recommended to work with a confident, professional malpractice attorney who can steer everything in the right direction. If you have a lawsuit, chances are you may stand to make a very good amount of money. Instead of leaving the money you rightly deserve in the hands of those that have done you damage, hire a malpractice attorney today and reclaim what is rightfully yours.
