Medical malpractice is when a doctor or another medical professional‚ such as a nurse or technician‚ does something or does not do something that causes an injury‚ harm or death to a patient. In the U.S.‚ experts estimate that about seven in every 1‚000 newborns suffer a significant‚ traumatic birth injury each year due to medical malpractice. Those injuries include‚ but are not limited to‚ autism‚ cerebral palsy‚ as well as Erb’s palsy. According to Donald H. Beskind‚ a professor at Duke University
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1) Medical advances (new drugs‚ technologies‚ services and procedures). Medical advances are responsible for the increased healthcare costs. Patients demand these because they want the best healthcare possible. Physicians want these because they want the best for their patient‚ want to use cutting edge technologies for their status‚ for the increased financial reward for using them‚ and to practice “defensive medicine” (#3 below). With regard to drug trials‚ a study published in Health Affairs in
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Medical Malpractice LawyerAttorney Specializing in Medical Malpractice January 23rd‚ 2012 Finding a Competent Medical Malpractice Lawyer Finding a good medical malpractice lawyer is not a simple task. Some of these lawyers who claim that they are “good” are actually different from how they perform. The ability of a medical malpractice attorney should neither depend on how strong their advertisements are nor should depend on the strong affiliations that they belong to. A good medical malpractice
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Attorney General (AAG) with whom I work has to take a case to the Circuit Court for an appeal‚ it will be with the judicial branch. According to Dana C. McWay‚ the judicial branch is a branch of the governemt who evaluate laws‚ clarifies laws‚ resolves disagreements and decides if a law goes against the Constitution. According to Dana C. McWay‚ there are four elemens a AAG must show to succesed in a negligence clain for medical malpractice. The first element to provide is the “a duty of care is
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Medical Malpractice | The Good‚ the Bad‚ the Ugly | | | | | The outcomes of medical malpractice lie in the following explanation of perspectives‚ referred to as “the good‚ the bad‚ and the ugly.” This paper provides a presentation of facts of the two highest single-incident medical malpractice lawsuits in Connecticut: Daniel Jacob D’Attilo et al. v. Richard Viscarello et al. (Case 1) and Elizabeth Oram and Simon Oram as Parents and Next Friends of Spencer Oram at al. v. Corinne
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Medical malpractice presents challenges for policy makers‚ physician/provider purchasers of insurance‚ and companies offering professional liability insurance covering medical providers. Medical malpractice is buffeted by three distinct‚ uncoordinated‚ policy drivers: the health care system‚ the insurance system‚ and the legal system. While cases of medical malpractice arise within the health care system‚ determinations of fault and the assessment of financial damages are made through the tort system;
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inaction. It must also be proven that an injury resulted from that breach of duty. “Even if it is a clear cut case of misdiagnosis‚ for example‚ the patient must prove that his condition was worsened by the error before a jury can‚ as a matter of law‚ award him pecuniary compensation” (Holder‚ 1957). The foundational definition of medical malpractice was established in 1898 in the New York case of Pike v. Honsinger‚ when a man kicked in the knee by a horse
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Medical Malpractice: Is Your Care Below Standard? Imagine yourself lying on an operating table‚ motionless‚ quiet. Above‚ you notice people standing over you. You try to speak but the words just cannot come out. Your arms feel as if they are plastered to the table. You begin to stand up but feel as if weights are strapped to your back and you are bound to the table. Suddenly you feel a sharp pain in your midsection. In and out‚ you see a surgeon slicing your body open with a scalpel. Every
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Medical Malpractice The doctor-patient relationship has been defined differently through the years. In the beginning it developed into a "common calling" which meant doctors practiced medicine as a duty to their patients. Laws were developed to protect patients‚ therefore doctors used proper care and expert skill. In the past six centuries‚ medical malpractice has increased‚ which lead to revision and addition to the law. Liability was introduced along with the "GIANT of all torts"‚ negligence
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Introduction: The case before us is interesting on several aspects. One‚ the patient is a minor who was treated for 3 days‚ successfully‚ before his parents could be contacted. Most importantly‚ this case is interesting because the causative agent was ultimately found to be a toothpick‚ identification of which was very difficult because a toothpick does not show on standard diagnostic imaging techniques such as MRI and CT scans. The patient’s family has filed a medical malpractice lawsuit against
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