How To Choose A Medical Malpractice Court

Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to

Lawsuits of medical malpractice may be the greatest threat to justice in the legal system. Tort cases are constantly filed against medical practices which cause health care prices to dramatically increase in states lacking caps. Medical practitioners are forced to undergo an unnecessary amount of costly tests and procedures in order to defend themselves from frivolous lawsuits. The expenses of these precautions cause hospitals and other medical facilities to charge more for the care given to the patients,

Across the country, there are calls for medical malpractice tort reform based on the perception of frivolous lawsuits by patients with patients without valid claims and less-than-scrupulous lawyers are willing to prosecute them. On the one hand, the fact that some plaintiffs have received enormous settlements as a result of their medical malpractice lawsuits further fuels the debate that tort reform is needed to avoid these types of settlements that are incongruent with the facts. On the other hand, though, few observers would likely argue that some type of medical malpractice protections are required in order to protect patients from truly substandard and dangerous medical care practices and to compensate them for their injuries when these eventualities occur. One state that has implemented reasonable malpractice statutes and procedures that avoid these two extremes is Ohio where legislators passed tort reform laws in 2002. By contrast, many of the State of Michigan's laws on medical malpractice date back 40 years. This paper provides a description of the provisions of the medical malpractice statutes and procedures from these two states, followed by a summary of the research and important findings in the conclusion.

It is not guaranteed that your physician or any other health professional will provide you with the valued care at all times even if they truly attempted to. In this situation, which could be detrimental to a person's health and life brings up the ongoing trend of medical malpractice suits. Medical malpractice can occur on different occasions. The various types of medical malpractice include: plastic and cosmetic surgery, prescription drug error, birth injuries, obstetric malpractice, and surgical as well as diagnosis errors. According to the New England Journal of Medicine, Americans file more than 17,000 medical malpractice lawsuits a year. If those lawsuits are won in favor of the patient, it can result in extreme out of pocket costs for the hospital that the health provider is associated with. In a 2005 medical malpractice case, the jury awarded 4.5 million to a family of a boy born with severe brain damage after a traumatic delivery in 1996. Due to the poor delivery, the boy now suffers from cerebral palsy and functions at the level of a

If a medical malpractice case goes to court, the plaintiff (the patient) needs a medical malpractice lawyer (a lawyer specialized on this type of cases). Cases like this are very expensive and very difficult to win. The plaintiff and the medical malpractice lawyer must clearly establish the tort of negligence in order to have a successful medical malpractice claim. Just like in every tort case, the parties share information they discovered. The information could include depositions, interrogatories and requests of documents. It is possible that the case could be solved pre-trial, only if both parties agree on negotiated terms. The case only goes to trial if the parties cannot

There are an increasing number of cases involving this type of malpractice. This means there are also just as many counsels specializing in it. Start your search for a firm over the internet. Be stringent in your search, as you will encounter many who claim to be the best. Look for and through portfolios to help gauge the firm. These will come in handy especially when there are remarks from previous

First, in order for a plaintiff to prevail through a medical malpractice cause of action, four key elements must be proven. Initially, the existence of a patient-provider relationship must be evident. Additionally, there must be an establishment of a medical standard of care. This foundational element pertains to the appropriate level of care under the circumstances, essentially the average degree of care and skill of similar health care providers. The third element which must be proven is a breach of that medical standard of care. By contrasting the care provided in the specific case to the typically appropriate level of care expected from a

The United States legal system exists with many favorable conditions for filing malpractice lawsuits, including low burden of proof requirements, lax limits on damage awards, and the lack of a cost-sharing provision on filing a legal action.

Medical malpractice often results in a variety of ill-effects. In addition to the physical ramifications of questionable medical care, the financial costs can be especially steep for both the patient in question as well as society at large. The following facts illustrate

The medical malpractice and tort system makes up one of the major legal issues encountered by hospitals and health systems. Showalter (2012) states that with the decline of charitable immunity in the 1970s, healthcare was one of the areas impacted by personal injury law and was held liable for negligent acts. Today, malpractice continues to be a significant problem. Malpractice lawsuits are considered when negligence in medical treatment provided by a physician, surgeon, other health professional, or hospital results in injury.

The lawyer you hire should have good experience in handling medical negligence cases and have a good team to support him/her. He/she should have a team of experts who can point out the areas of negligence and even give expert opinion in the court. There are few medical negligence cases that are sure shot and easily identifiable. Most of the cases require indepth

A tort action is brought about through provisions of private law and asserts that one party has experienced harm from the actions of another party and that the injured person seeks compensation for the harm (Pozgar & Santucci, 2009). Tort reforms are connected to shifts in medical malpractice law since the 1980’s when moves were made to change from court-decided Common Law to incorporation of statutes from many state legislatures (Waters, Budetti, Claxton, & Lundy, 2007). This paper will discuss the current state of tort law, the need for reform, and proposals for effective reform.

One of the worst nightmares that anyone can face, is going to a health care provider for some medical problem and ending up becoming worse or even injured due to negligence or medical error. Under such circumstances, the first thing you would like to do as soon as you realize it is to sue the concerned health care provider. But at the same time do remember that in Canada, any case against the health care provider is one of the most complex and difficult lawsuit that a Personal Injury Lawyer Scarborough handles.

While certain areas of practice see more claims than others, an attorney’s failure to provide competent legal services is frequently the cause of malpractice claims. The California Court of Appeal for the Second District recently considered a case before it wherein a client alleged malpractice by her attorneys. In Kumaraperu v. Feldsted, Plaintiff

One important professional legal issue is medical negligence, or medical malpractice. Medical negligence occurs when a provider performs his or her job in such a way that deviates from the accepted medical practice standard (Goguen, n.d.). Medical negligence can be tested by a three-part test in which the following happens: a) a duty of care is owed to a person, b) a breach of duty is established, and c) harm has been caused to the patient because of the breach (Goguen, n.d.). Medical negligence can turn into medical malpractice when health care providers cause injury to the patient or worsen the patient’s clinical condition (Goguen, n.d.).