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Old 07-01-2019, 01:58 PM   #1
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legalgalpal's Flag is: United States
Join Date: Jul 2019
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Default What Is Medical Malpractice and How Do You Prove It?

When a doctor or nurse, or any heath care professional, causes injury or death because of a negligent act or a failure to act, it is called medical malpractice. Health care professionals have the responsibility to provide treatment that is considered to be at an acceptable standard within the medical community. Negligent actions fall below the acceptable standard of care are thus not acceptable for doctors or nurses.

Most cases of medical malpractice include some sort of medical error, which is a preventable negative effect of the heath care professional’s care. Medical errors can include incomplete or inaccurate diagnosis, incomplete or inaccurate treatment of a disease or condition, an injury resulting from care, or a new syndrome, infection, behavior, or ailment. Medical errors are frequently described as human errors within the healthcare field because they happen when a healthcare professional uses an inappropriate medical method or carries out an appropriate method in an inappropriate way.

In 2000, the United States Institute of Medicine issued a report saying that every year, between 44,000 and 98,000 deaths occur every year because of medical errors and about one million injuries occur as a result of medical errors each year. In 2006, the Institute of Medicine issued a follow-up study, which found that at least 1.5 million people were harmed every year by medication errors.

In order to prove your entitlement to compensation in a medical malpractice trial, in most states you must be able to prove four aspects of the health care professional’s negligence. You first must prove that because the hospital or health care provider took you on as a patient, they legally owed you service. You must then prove that the provider failed to provide the medically accepted standard of care. Then you must prove that the failure to conform to the standard of care directly caused an injury to your person. Finally, you must prove that you experienced damage and the damage you experienced was the direct result of the failure to provide adequate service. Please note that each state is different so do not rely on this information but rather you can clarify your specific case by consulting with an attorney

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Old 07-02-2019, 09:45 AM   #2
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newman5's Flag is: United States
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Default Re: What Is Medical Malpractice and How Do You Prove It?

Personally I think there are way too many malpractice claims filed in the US and that's in large part why our health care prices are so high.

We need legislative limits!
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Old 07-03-2019, 04:18 AM   #3
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Default Re: What Is Medical Malpractice and How Do You Prove It?

In medical malpractice cases the definition of medical standard of care should be more wide so that the defendant could not deviate from that standard.
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