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Medical Malpractice
How big is the problem?
Medical malpractice is a bigger problem
than most people want to admit. Approximately 80,000 people die in the United
States each year due partly to medical malpractice.
Claims filed. At the same
time, surprisingly few claims are filed. Only 2 percent of people injured by
physicians' negligence seek compensation through a medical malpractice
lawsuit.
Source:
http://www.consumerlaw.com/medical.html
Do You Have A
Medical Malpractice Claim in Bronx, NY?
The basic definition of
medical malpractice is an act or omission by a health care provider
which deviates from accepted standards of practice in the medical community
causing injury to the patient.
Medical malpractice law is generally defined as those laws having
to do with medical malpractice.
These laws are different from country to country, and even within those
countries.
A BRONX Medical Malpractice Attorney
will empower you
with the knowledge to achieve the compensation you deserve.
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searching....
Although medical
malpractice is most often thought of as applying
to physicians, the term includes the medical
negligence of any medical care provider,
including, for example, dentists, nurses, and
therapists. Claims may also be brought against
hospitals, clinics, or medical corporations for
direct liability or for vicarious liability for the
negligence of an employee.
In common with other forms of civil claims for
negligence, in order to succeed in a claim (lawsuit)
the claimant (plaintiff) must successfully
demonstrate two things:
- That the doctor failed in his/her duty of care
towards the patient: they failed to do something
that a reasonable person in similar circumstances
would have done, or they did something that a
reasonable person would not have done
- That some harm was caused by this failure to
comply with the duty of care
Expert witnesses
usually testify in malpractice cases. These
witnesses are generally independent experts from the
same field of medicine as the defendant. A doctor
will not be expected to be the best doctor in the
country, but he or she must be shown to have acted
in accordance with a reasonable body of medical
opinion. This is known as the Bolam Test.
http://en.wikipedia.org/wiki/Medical_malpractice
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