In the United States, citizens are free to file a medical malpractice claim against a health care provider if they feel that they or a loved one has been injured or killed due to professional negligence on the part of a doctor, nurse or other medical professional. Due to the costs associated with medical malpractice cases, licensed health care professionals are required to carry medical malpractice insurance in order to be able to afford to pay for damages in the event that they are sued for malpractice by a former patient.
< h4>Basic Elements and Legal Terminology of a Medical Malpractice Suit< /h4>
The plaintiff in a medical malpractice suit is either the patient that has been injured due to professional negligence, his or her legal representative or the executor of a deceased victim's estate. In most cases, the defendant of a medical malpractice suit is a patient's physician, but these suits can also be filed against nurses, dentists and other health care providers. In order to file a malpractice claim against a defendant, a plaintiff must be able to prove that the defendant had been entrusted with the duty to care for a patient, and the standard of the care had been breached, resulting in an injury that caused financial or emotional damages. The plaintiff can then request to be compensated for his or her damages, such as medical expenses, loss of income or pain and suffering.
< h4>Expert Testimony and the Gatekeeper Model of Malpractice Suits< /h4>
In recent years, landmark Supreme Court cases like Kumho Tire v. Carmichae and Daubert v. Merrell Dow Pharmaceuticals have introduced a new element into health-care law that is referred to as the gatekeeper model. Before a medical malpractice suit can go to trial, the gate keeper model requires a plaintiff to present a case before a court judge in a Daubert hearing. Daubert hearings are designed to ensure that the expert testimony presented in a case is based on reliable and relevant information before the case makes it to a trial decided by a jury with little to know medical knowledge or experience. There are four standards of expert testimony that a plaintiff must be able guarantee in order to make it through a Daubert hearing, including that the theories behind the testimony have been tested, subject to peer review, subject to standard controls and not based on a technique that prone a high rate of error.
The medical malpractice law is when a healthcare provider is negligent towards treatment so the treatment given falls below the standard usually set by other healthcare providers. Sometimes medical malpractice can even cause injury or death to a patient.
Having medical malpractice insurance is extremely important for doctors. This insurance will protect the doctor in the case of any law suits against him or her.
Anyone who believes they have suffered damages due to the malpractice of anyone who is licensed to "practice", e.g., doctor, lawyer, therapist, etc. However, there may be administrative requirements for medical malpractice suits that must be satisfied prior to the case being argued in court. You should contact an attorney who specializes in malpractice suits and who has a good reputation.
John Ralph Ballinger has written: 'Medico-legal law brief in relation to malpractice suits'
Yes, one can sue for malpractice in France. Patients can file a claim against healthcare professionals for medical negligence under French law. The process typically involves demonstrating that the healthcare provider failed to meet the required standard of care, resulting in harm. Claims may be pursued through civil courts, and patients often seek compensation for damages suffered due to the alleged malpractice.
A. Torts B. Crimes C. Breach of Warranty D. Contracts It would likely involve Torts. The tort may be based on intent, negligence or strict liability. Medical malpractice is a kind of tort based on Negligence. Less law suits have been filed against medical personal since the Torts reform.
There is an article on the Expert Law site titled Legal Malpractice Law and Litigation http://www.expertlaw.com/library/malpractice/legal_malpractice.html. It covers topics including what malpractice is and proving malpractice. Another article is on MyLawyer.com http://www.mylawyer.com/attorney/malpractice.htm that covers attorney discipline and malpractice. A third reference on legal malpractice can be found on Lawyers.com http://legal-malpractice.lawyers.com/. It has malpractice articles, FAQs and forums. There are several online resources for attorney malpractice information. You can always chek an attorneys record with the local bar association.
One can find a law firm that practices medical malpractice law in Miami, Florida by using the 'FindLaw' website. There one can search for lawyers by category and location.
C. J. Morgan has written: 'Medical malpractice and economic medical malpractice compensation' -- subject(s): Compensation (Law), Malpractice, Medical personnel
To obtain a Master of Laws (LLM) degree with a focus on nursing, one typically needs to hold a law degree (JD or equivalent) and may pursue specialized coursework or research related to healthcare law, ethics, and policy that impacts nursing practice. An LLM can enhance a nurse's understanding of legal issues in healthcare, including patient rights, malpractice, regulatory compliance, and healthcare policy, thus equipping them to address legal challenges in their field. This advanced legal knowledge can also open opportunities for roles in healthcare administration, policy-making, or legal consulting within nursing and healthcare organizations.
No. New York does not have any requirement that a lawyer or law firm carry malpractice insurance.
William W. Feuer has written: 'Medical malpractice law' -- subject(s): Malpractice, Physicians