Medical Malpractice Law Online
Too often patients put complete trust and confidence in medical professionals without assessing the risk of malpractice, meaning improper, unethical or negligent treatment. Negligence, or the failure to exercise the expected degree of care, can include misdiagnosis, failure to treat properly, administration of the wrong medication or even failure to adequately inform the patient. Even if you are able to prove negligence, you don’t have a case unless you can prove that the negligence caused your injury or worsened your condition. For example, even if a doctor misdiagnosed a cancer patient, he or she could argue that the illness was terminal and the patient would have died anyway. Unfortunately, many people become prey to malpractice and suffer serious long-term consequences. Medical malpractice cases are generally hard to win and are very time consuming. If you believe you have been the victim of medical malpractice, you should consider the following: liability, damages and who will pay.
In determine liability for your injuries, you must prove that the medical professional was improper, unethical or negligent. In doing so, you should evaluate the standard of care, or the accepted medical practice, that you were given. If you are able to establish liability, you are entitled to damages.
Malpractice cases tend to take a very long time, as they require lots of research and consultations with experts. Medical professionals are often reluctant to settle because they generally win at trial and they know they can prevent smaller cases from going to court by making them too costly for the patient. The ability to pay damages is also a consideration when deciding to sue. However most medical professionals carry medical malpractice insurance to cover these sorts of claims.
statues related to medical malpractice Law
- Hospitals (Public) Act
- Medical Act
- National Insurance Act
cases related to medical malpractice law
- Natalie Whylie Vs. Carlton Campbell & Others
- Verna Madden Vs. Francis Elliott
- Vincent Morrison Vs. Nuttall Memorial Trust Limited
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