Medical Malpractice Lawsuits Essay

“Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” (Admin) One of the most common type of claims that pharmacies face are negligence claims. Negligence is one of the categories that falls under the area of law called Torts. In the Hundley v Rite Aid case, a tort was filed for injuries that were sustained by Gabrielle Hundley after she took medication from an incorrectly filed prescription. The case involved a jury trial verdict involving Gabrielle Hundley, a minor child, against Howard Jones, the pharmacist, and the Rite

As with many cases, you will have the option to go to trial and let a jury decide the outcome. A judge will preside over the case and will require expert testimony to determine that the medical practitioner was at fault. While there are many deaths every year in hospitals, most are not attributed to the wrongful acts of the doctors, but simply to medical complications. A good medical malpractice attorney will be able to help you decide if you should pursue a case or not.

A second issue is malpractice. Malpractice issues are always present in an unstable environment where patients will seek to remedy an incident if they feel they have been harmed (Hamric, 2009). It is important to always act in a reasonable way as a health care clinician but unfortunately there are always those who are negligent in their actions as practitioners.

Medical malpractice is considered to be a professional act of negligence by a health care professional or provider in which treatment provided was poor, and caused harm, injury or death to a patient. Medical malpractice is, unfortunately, becoming very common in health care all over the world, but there are precautionary measures that could help health care professionals to prevent becoming part of these statistics. “According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.- right behind heart disease and cancer” (Cheeks, 2013). Throughout the past years there has been billions of dollars of medical malpractice payouts. With each passing year medical malpractice

No doctor, hospital, or health care worker is perfect, and even the most highly trained, conscientious medical professional can make a mistake. However, the basis of a medical malpractice claim is not whether a mistake was made but whether the care you received lived up to the established standard for your condition. To make a claim, your malpractice attorney must demonstrate that reasonable professionals in the same field would have acted differently and deviations from that standard resulted in physical harm.

Medical malpractice happens when a hospital, doctor or other health care professional, perform negligence through their practice and causes an injury to a patient, it may be the result of mistakes in diagnosis, management and after care or health management. (Podgers, 2007)

Typical medical malpractice actions include failure to diagnose, negligent treatment, failure to obtain implied consent and negligence during or after surgery. A hospital or medical or nursing facility may also be found liable for negligent hiring, maintaining equipment, keeping unsanitary or unsafe facilities or for lacking required or standard protocol in delivery of

If a member of the medical field acted in a negligent manner and the patient was injured, a negligence claim may be filed. However, it is important to keep in mind that the patient must prove that negligence caused injury, and that the allegation is filed within the statute of limitation which varies from between states. If you have been injured due to negligence, an injury attorney may be hired to help collect compensation for the malpractice endured. Financial compensation can be collected for future medical expenses, missed

If you suspect that you or someone you love has been adversely affected by the medical profession, you will have many questions. Depending on the severity of the issue and what has occurred, you may need the services of a medical malpractice lawyer.

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.

However, in spite of the extreme care that most medical professionals take, there have been many instances of medical malpractices. Sometimes, a medical practitioner may make errors in the process of administering treatment to a patient, thereby causing him or her harm. When this happens, one can apply for a medical malpractice claim.

Based on the current law in California, a person who received any injury or harm while receiving care may for medical malpractice. In the case of medical, most of the cases doctors are the ones who are sued by the injured persons; however, in order to sue a doctor for medical malpractice, the person suing must have evidence that the injury was the direct result of medical negligence, the failure to perform one’s duty in medical practice (“Proposition

Medical malpractice refers to a professional negliance by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient (Medical News Today). When an individual enter a healthcare facility, they trust the doctor will utilize their expertise and training to correcting diagnosis and treat the condition. If that trust is breached due to suspicious activity by the healthcare provider, it may result in a malpractice case. There are four elements used to determine medical malpractice.

Every year people suffer due to errors made by medical care providers. The injuries can be severe creating further medical problems. In extreme cases, the victims of medical malpractice die from the errors. Contacting a personal injury attorney can help you or a loved one receive compensation for a negligent situation. At the same time, the claim will keep the health care provider from doing harm to another person.

A medical malpractice claim can be approached through a few different theories of law. One of those is the tort doctrine of Res Ipsa Loquitor. What this means in plain language is that the act speaks for itself. When used in a negligence context, it means that injury could not have occurred from anything else but negligence. There are three things that must be proven for this doctrine to apply: that the act does not normally occur without some sort of negligence, that the instrumentality involved was controlled by the defendant, and that the plaintiff had no involvement in the negligent act. Once recent case which dealt with this rather obscure doctrine is the New York state case Crispin v. Hostin. This article will take another look at the