The birth of a child for Pottsville area residents is usually a joyous occasion. The new child is anxiously anticipated for months before it is born. Most births go as expected, with no complications, but occasionally a birth injury can occur.
Medical malpractice is a negligence claim whereby the person bringing the claim is doing so because of a medical error of some kind. Whether it is failure to diagnose, doctor error or an error by some other medical professional, the purpose of the claim is to assess blame when an injury occurs as the result of medical negligence. For a medical malpractice claim to be valid, the individual bringing the claim has to prove its case in chief, which means that the required elements for this type of case have to be satisfied. There has to be a duty owed by the medical professional, a breach of that duty that resulted in a proximate and actual injury and damages.
Medical malpractice lawsuits are a way of holding medical professionals responsible for their mistakes. The medical profession and their insurance companies, however, have for years been lobbying for changes that make such lawsuits harder to bring.
Medical malpractice occurs when a medical professional has failed in his or her duty to provide appropriate medial care and that failure results in harm to the patient to some degree. Medical malpractice claims, whether they are based on doctor error, failure to diagnose or another incident, are negligence claims that have to be proven by satisfying and proving the elements that accompany it. In all negligence claims, one has to prove the existence of a duty, breach of that duty, proximate cause and damages for the claim to be successful.
Medical malpractice claims are essentially negligence claims. A person bringing such a claim has to prove that the medical professional's mistake in fact happened and caused some type of damage. In other words, negligence cases require that the claimant prove there was a duty owed, that the duty owed was breached, and that the breach of that duty was the proximate cause of the damages suffered by the claimant. If this is done to the court's satisfaction, then the case will be successful. Failure to diagnose, doctor error and surgical error are all viable medical malpractice claims.
Medical malpractice occurs when a medical professional makes a mistake in the care of a patient which causes further injuries to the patient. A claim for medical malpractice is based on the theory of negligence, which requires that the person bringing the claim prove that the elements of negligence exist. The claim must show that there was a duty owed to the victim by the medical professional and that the duty was breached. It must also be shown that the victim suffered some injury as a result of this breach of duty and the breach was the proximate cause of the victim's injury.
In civil lawsuits involving numerous parties accused of negligence, the negligence may be divided into percentages. For instance, in a recent medical malpractice case that was settled in Pennsylvania, three separate parties were found to be negligent, but to greater or lesser degrees.