Medical Malpractice and Medical Negligence: Understanding Patients' Rights
Article by Daniel Beasley
Do you think you or a loved one are victims of medical malpractice? You may be entitled to file a medical malpractice lawsuit against the medical provider that you feel is responsible. Medical malpractice relates to care from a medical provider that is substandard to normal medical care. There are three elements to a successful medical malpractice lawsuit: liability, damages, and a direct casual link.
In a medical malpractice lawsuit you must be able to meet the requirement of liability. To meet the liability element you must show that a relationship existed between the patient and medical provider and that inferior medical care was given. Even if this element is established, inadequate care alone is not always enough for a successful medical malpractice lawsuit.
Another factor of a medical malpractice lawsuit is damages. There must be an injury and economic losses that were a direct result of the inferior medical care. As medical care can have many facets, a bad outcome does not always constitute medical malpractice. Some medical procedures such as surgery have inherent risks even with proper medical care.
There are many types of medical malpractice cases. Some common types of medical malpractice lawsuits are errors in prescribing medication, failure to diagnose a life-threatening disease, mistakes in surgery, miscalculating in anesthesia, and delivery room errors. Statistics show that medical malpractice deaths account for over 200,000 deaths in the United States.
Medical malpractice lawsuits can also be in the form of a class action lawsuit. A class action medical malpractice lawsuit is when many people are victims of the same provider or negligent party such as a prescription drug. Laws governing medical malpractice lawsuits vary from state to state so it if you feel you were a victim of a medical error you should seek the advice of an experienced medical malpractice attorney.
About the Author
Consult with a medical malpractice attorney if you believe you have been injured or your loved one was killed as a result of negligence or malpractice. Backed by an experienced attorney, you can file a personal injury or wrongful death claim.
Director of the White House Office on Health Reform Nancy-Ann DeParle holds a stakeholder discussion with over 30 medical leaders from across the country to get their ideas on health care reform. May 27, 2009. (Public Domain)
This digital document is an article from National Underwriter Property & Casualty-Risk & Benefits Management, published by The National Underwriter Company on November 13, 1995. The length of the article is 763 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
From the supplier: Delays in diagnosing breast cancer are a primary factor in malpractice claims, according to a study by the Physician Insurers Assn of America. The study reveals that in 487 cases, total payments amounted to 6.8 million, equal to an average indemnity of 1,460 per case. Average payments for such cases were 7,000 for the first half of 1994 versus 0,000 in the 1985-1993 period.
Citation Details
Title: Breast cancer claims focus on delay. (delay in diagnosis)
Author: Joe Niedzielski
Publication: National U
List Price: $ 5.95
Price: $ 5.95
Breast cancer claims focus on delay. (delay in diagnosis): An article from: National Underwriter Property & Casualty-Risk & Benefits Management
Orignal From: Medical Malpractice and Medical Negligence: Understanding Patients' Rights
Post a Comment