Medical Malpractice Law: Factors That Make A Valid Case
Medical Malpractice Law
Medical Malpractice is a serious offense that has affected the lives of many. It became important to recognize this type of unintentional offenses and bring them under the law to give justice to the sufferers. Hence, the medical malpractice law was devised to provide protection to the sufferers and make the medical practitioners more careful towards their work.
Factors that make a Valid Case
There are certain factors that make a case valid under the medical malpractice laws. Hence, check if your case is strong enough to be admitted in the court on basis of these factors.
Factors that make a Valid Case
There are certain factors that make a case valid under the medical malpractice laws. Hence, check if your case is …show more content…
In few cases, the doctor is responsible to take a letter of consent from the patient or family member. On the other hand, at times informing the patients/family is not possible due to emergencies. In such situations, often the lawyers would study the nature of malpractice and the emergency to reach a conclusion. Patients can sue the doctor in absence on this informed consent.
Standard of Care - Standard of care denotes the parameters of providing medical care to the patient. It is propagated by the medical community that determines the action that could have been taken in same situation of medical malpractice. It does not consist of rigid rules but states the medical practices that should have been performed; subject to the given situation, condition of patient, nature of emergency and treatment possibilities.
Subrogation - Subrogation refers to awarding the right of recovering compensation from the offender to a third party. E.g. An insurance agency that covers up the injuries may be given the right to collect compensation from the party legally liable to pay for the injuries.
Medical Malpractice …show more content…
You cannot file a case for the circumstances that could have led to injuries or death. Even if the situation portrayed potential injury, arising out of negligence, one cannot file a case against the mis-doer. In certain cases, doctors may indulge in unfair behavior on purpose. They may issue wrong prescriptions, make inaccurate diagnosis, refuse a case without consideration, etc., for personal gains. This is an act of crime and not negligence. Hence, if the doctor is guilty of intentional malpractice, then the case is treated under criminal prosecution.
Common terminologies under Medical Malpractice LawContributory Negligence - Contributory negligence refers to the behavior of the injured in ignoring the advice given by the medical practitioner. For example, an instance where the sufferer is asked to perform cancer detection tests but he delays the inspection out of negligence and but later is diagnosed with cancer. The patient becomes a participant in the
Medical Malpractice is a serious offense that has affected the lives of many. It became important to recognize this type of unintentional offenses and bring them under the law to give justice to the sufferers. Hence, the medical malpractice law was devised to provide protection to the sufferers and make the medical practitioners more careful towards their work.
Factors that make a Valid Case
There are certain factors that make a case valid under the medical malpractice laws. Hence, check if your case is strong enough to be admitted in the court on basis of these factors.
Factors that make a Valid Case
There are certain factors that make a case valid under the medical malpractice laws. Hence, check if your case is …show more content…
In few cases, the doctor is responsible to take a letter of consent from the patient or family member. On the other hand, at times informing the patients/family is not possible due to emergencies. In such situations, often the lawyers would study the nature of malpractice and the emergency to reach a conclusion. Patients can sue the doctor in absence on this informed consent.
Standard of Care - Standard of care denotes the parameters of providing medical care to the patient. It is propagated by the medical community that determines the action that could have been taken in same situation of medical malpractice. It does not consist of rigid rules but states the medical practices that should have been performed; subject to the given situation, condition of patient, nature of emergency and treatment possibilities.
Subrogation - Subrogation refers to awarding the right of recovering compensation from the offender to a third party. E.g. An insurance agency that covers up the injuries may be given the right to collect compensation from the party legally liable to pay for the injuries.
Medical Malpractice …show more content…
You cannot file a case for the circumstances that could have led to injuries or death. Even if the situation portrayed potential injury, arising out of negligence, one cannot file a case against the mis-doer. In certain cases, doctors may indulge in unfair behavior on purpose. They may issue wrong prescriptions, make inaccurate diagnosis, refuse a case without consideration, etc., for personal gains. This is an act of crime and not negligence. Hence, if the doctor is guilty of intentional malpractice, then the case is treated under criminal prosecution.
Common terminologies under Medical Malpractice LawContributory Negligence - Contributory negligence refers to the behavior of the injured in ignoring the advice given by the medical practitioner. For example, an instance where the sufferer is asked to perform cancer detection tests but he delays the inspection out of negligence and but later is diagnosed with cancer. The patient becomes a participant in the