Medical Malpractices
“Over 12,000 deaths a year result from unnecessary surgery and approximately 7,000 people die from medication errors in hospitals”
“Medical Malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient”.
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Medical Malpractice lawsuits are related to issues file in the court of law alleging various different circumstances leading or causing damage to a patient. The suits may include allegations against medical professionals and cover, but not limited to, misdiagnosis, mistreatment, delayed diagnosis, failure to diagnose, surgical errors, medical errors, or various types of negligence.Not all errors in medical diagnosis and treatment are necessarily malpractice, because there are certain risks and margins for error that arise inherently in the practice of medicine.
Top Diseases Associated With Medical Malpractice
The top five diseases that receive monetary awards for malpractice, in terms of dollar value, are:
- Breast cancer
- Lung cancer
- Colorectal cancer (including colon cancer and rectal cancer)
- Heart attack
- Appendicitis
Surprisingly, the main allegation is a form of misdiagnosis, either delayed diagnosis or mismanagement of diagnostic testing.
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Issues and topics related to medical malpractice include:
- Medication Errors
- Misdiagnosis
- Overdoses
- Surgical Errors
- Medical Negligence
The medical malpractice claim
The parties
The plaintiff is the patient, a legally designated party acting on behalf of the patient, or by the executor or administrator of a deceased patient's estate (in the case of a wrongful death suit).
The defendant is the health care provider. Although a 'health care provider' usually refers to a physician, the term includes any medical care provider, including dentists, nurses, and therapists. Relying on vicarious liability, claims may also be brought against hospitals, clinics, or medical corporations for the mistakes of their employees.
Read More >> Element of Case
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