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 is generally when a patient sues someone in the medical profession for negligence. In these types of cases the patient who brings the suit has to show three things: that the doctor, nurse or other medical professional owed them a duty as that licensed practitioner, that the duty was breached and that the breach of duty caused injury to the patient. This is the three-part burden that the patient bears in medical malpractice claims in Pennsylvania and beyond. Negligence is not always easy to prove in medical malpractice cases, however.
Medical professional negligence can lead to medical practice claims against individuals in the medical field. Doctors and nurses are held to a certain standard in the medical world. This standard is determined by the courts and applied where appropriate. Medical malpractice cases are based in tort law and are, essentially, negligence cases. Negligence requires proof that there was a duty that was breached, which proximately caused the damages at issue in the case.
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.
At some point in our lives, we will all likely need medical assistance in some form or fashion. Regardless of the circumstances underlying the medical care, people tend to trust what doctors say and when that trust is breached that is when patients file medical malpractice lawsuits. Medical professionals are sued for medical malpractice when a patient feels that the doctor, or nurse or other medical personnel did not do what they were supposed to do medically and that inaction resulted in harm to said patient. Medical malpractice claims are based in tort law.
Hospitals can be scary and unsettling anytime a person is required to go, no matter the reason. No one volunteers to go to the hospital, and often, no one wants to go even when they actually need to. Some people may even fear that they will be further injured by improper care while in the hospital. Medical malpractice occurs when medical personnel make an error in judgment and cause a patient some type of medical harm.
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.
Pennsylvania parents-to-be expect to have a healthy baby. However, excitement can quickly turn to anger and fear when doctors fail to perform medical procedures properly. An Indiana couple recently won a medical malpractice lawsuit against a doctor who allegedly caused their daughter to be born with cerebral palsy.