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Medical malpractice
By definition, medical malpractice is professional negligence by a health care provider that deviates from the accepted norms of medical practice. This medical malpractice may lead to the severe injury, detriment or death of a patient and as such is a serious concern across many medical institutions. Because the standards and regulations for medical practices may vary between different countries, the prerequisite for a medical negligence claim can also vary. To protect themselves from risk of being sued, medical practitioners are required to maintain professional liability insurance to cover themselves from the risk of law suits as a result of medical malpractice should it arise.
A common situation where medical malpractice may be filed includes cosmetic surgery (which is usually not included in everyday medical work, for example on the national health service) or the prescription of medical drugs, which may not be fully tested or approved by governing bodies. This may include alternative medicines, which could be seen as risky, or they may have side effects that could cause harm to the patient. This is especially true when these forms of treatment are provided unlawfully or without the patients consent.
In a medical malpractice claim, the plaintiff (usually the person suffering from the condition, or a party representing the affected patient) will go to court against the health care provider. This may be an individual doctor or an institution depending on the circumstances of the claim. The important elements of the medical negligence claim that must be established include:
- Whether or not a duty was owed: a legal duty exists whenever a doctor healthcare provider undertakes the care and treatment of a patient (regardless of their condition).
- Whether or not a duty was breached: For example, did the provider of health care fail to conform to all of the relevant standards of care. Any obvious errors for example must be pointed out here in this case.
- Did the breach cause an injury? : ie: the breach of duty was the proximate cause of the injury in question. This was as a direct result of the health provider's negligence.
- What damages were caused? ie: loss of earnings, mental anguish and other related damages. The case cannot be completed if there are no damages caused.
A case can also be made if an expert witness can testify on the behalf of the plaintiff, which will help strengthen their claim in a court setting. This could include an expert in the field, for example a dentist with the expertise that surpasses the standards set in the legal precedent.
One common act of medical negligence includes a misdiagnosis by a doctor in a hospital, which can cause serious harm to the patient in question. Many cases of this form of malpractice are recorded and occur on almost a daily basis, which is why more and more people are suing their healthcare provider when they act negligently. If you feel like you have been a victim of medical malpractice, no matter how small, it is important for you to seek legal advice as you may be entitled to claim against these damages caused.
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