On what grounds one can file malpractice lawsuit against hospital or the doctor concerned?
If the following incidents happen then one can file medical malpractice lawsuit in the court:
1. A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached — the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitor or ‘the thing speaks for itself’).
3. The breach caused an injury — The breach of duty was a proximate cause of the injury.
4. Damages — Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.
Link [en.wikipedia.org/wiki/Medical_malpractice]
Filed under General Law, Medical Malpractice | Tags: Claim, Damages, Malpractice | Comment Below
Related?
General Questions On Medical Malpractice LawsuitAugust 2nd, 2006 We are writing articles about “medical malpractice” for last few months. Now the following questions can be arisen about the topic:
1) What is medical malpractice?
2) On what grounds one can file malpractice lawsuit against hospital or the concerned doctor?
3) How can one file medical malpractice lawsuit?
4) What are the things that you have to prove if you have filed a malpractice lawsuit?
5) What is the first step a medical malpractice attorney would take to pursue the claim?
6) What are the special medical malpractice statutes?
7) What are Examples of Common Medical Malpractice Cases?
Top 5 basic steps to file a medical malpractice lawsuitFebruary 25th, 2009 Are you a victim of inferior medical services provided by a negligent medical practitioner? Have you underwent a surgery or medical treatment that resulted in serious health complications?
The time is ripe for you to file a personal injury claim against the irresponsible health provider. The doctors and hospital authorities are bound to provide best medical care services to its patients.
$5 Million Medical Malpractice Lawsuit Settlement in A Brain Damaged LawsuitSeptember 19th, 2006 Doctor and nurse at Melrose-Wakefield hospital in Massachusetts has agreed to settle a medical malpractice lawsuit for $5 million with the New Hampshire parents of a brain-damaged five-year-old boy. Michelle and Kendall Turner of Bedford said critical mistakes were made during the delivery of their son, Dustin, in 2001.
Woman Claims $1.25 Million in Medical Malpractice LawsuitAugust 8th, 2006 A medical malpractice lawsuit, asks for $1.25 million in compensatory and punitive damages, has been filed in Lake County Superior Court, by Ivelisse Martinez against a Munster doctor and the residing hospital, claiming the doctor's credentials were misrepresented. The suit alleges that Jung-II Park caused permanent nerve damage and disfigurement when he incorrectly performed a medically necessary breast reduction surgery in 2000.
What Are The Things That You Have To Prove If You Have Filed A Malpractice Lawsuit?August 2nd, 2006 What are the things that you have to prove if you have filed a malpractice lawsuit?
In a medical malpractice lawsuit the plaintiff must prove the followings:
Breach of the standard of care:
You must prove that the doctor made a mistake -- a mistake that a reasonable and prudent doctor would not have made under the same circumstances. Generally, this requires an expert witness (another doctor) to come forward and testify that your doctor did make a mistake.
A Des Moines Hospital and One of Its Doctors Is in Malpractice Law SuitNovember 16th, 2005 Doctor Akella Chendrasekhar was accused of bolching Phyllis Davisson, a West Des Moines woman's gastric bypass surgery. Dr. Akella Chendrasekhar performed hundreds of bypass surgeries between 2001 to 2004.
Why medical malpractice cases in North Carolina really requires an experience lawyer?April 27th, 2009 Winning medical malpractice cases are not that easy. In some places like North Carolina, it is required to get the best injury attorney that you can afford to handle your medical malpractice case.
$1.7 Million Was Awarded in a Malpractice LawsuitDecember 16th, 2005 $1.7 million was decided to be compensated in a medical malpractice lawsuit, filed by Vivian Walker and Alex Strange against two doctors and a hospital, accusing them of negligence in the medical care of their daughter, Shiketa Walker, who died from a ruptured tubal ectopic pregnancy. Vivian Walker was awarded $1,705,000 and Strange was $7,000.
