Medical Malpractice Lawsuits
Medical malpractice action can be for injury or death against a licensed health care provider based upon negligence, misconduct, errors or omissions, or breach of contract in rendering medical services.
PHOENIX, AZ, September 12, 2010 /24-7PressRelease/ -- Medical malpractice action can be for injury or death against a licensed health care provider based upon negligence, misconduct, errors or omissions, or breach of contract in rendering medical services.
Basic elements of proof include that there was a duty, breach of that particular standard of care, proximate causation and damages.
Particularly important is proving that the licensed health care provider breached the applicable standard of care--meaning that the provider failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider of the same profession or class.
Types of Medical Malpractice
Each year, medical mistakes injure or kill almost 100,000 people in the U.S. Following are just a few examples of the kinds of situations that could qualify as medical malpractice:
- Surgical errors
- Medication errors
- Mistakes made during administration of anesthesia
- Following improper treatment or diagnosis protocol
- Not acting in a timely manner once a diagnosis has been made and treatment is necessary
- Mistakes made when treating women and fetus during pregnancy and delivery (Cerebral palsy and Erb's palsy are birth injury cases where medical malpractice could have played a role in the condition development)
- Failure to diagnose or misdiagnosing a condition
- Failure to provide adequate healthcare at a nursing home
Medical Malpractice Compensation
Patients have a legal right to sound medical care. When that fails to happen and an injury or death occurs, the victim or family of the victim may have grounds for a medical malpractice lawsuit.
It is important to act quickly if you want to pursue legal compensation for medical malpractice. If too much times passes, there is a chance that the statute of limitations will prevent the case from moving forward.
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