Medical Malpractice Mistakes are the Third Leading Cause Of Death In the United States.
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When a patient seeks out medical care, and a medical professional agrees to deal with a patient, a patient-provider relationship is established. At this point, doctors are ethically and legally bound to provide a standard of care commensurate with industry standards. These standards, while defined by the medical community, will vary depending on the patient, the context of the treatment provided, and the nature of the medical issues facing the patient. Ultimately, the rubric for what constitutes instances of medical malpractice is expert
opinions from other medical professionals in the same field, which would apply the standard of “what would a competent and ethical practitioner do when faced with the same patient?” If differences exist between the reasonable standard of care and the medical care ultimately received by a patient, negligence on some level is likely to have occurred. Failure to provide an adequate standard of care results is known as medical negligence, or medical malpractice, which if resulting in damages, is the groundwork for a viable medical malpractice claim.
Types Of Malpractice
Medical malpractice exists in cases where a patient sustains some level of damages from a medical professional during his or her official medical duties. Damages are a legal term, but ultimately, include a number of harms that the patient sustains as the result of medical treatment, which can include exacerbated medical issues, unnecessary medical costs, untreated but otherwise treatable conditions, as well as a whole host of other issues relating to income earning capacity, costs of medical care, as well as psychological and emotional duress. Damages are grounds for a lawsuit in many cases, but other elements must exist in medical malpractice legal cases.
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Physicians, nurses, surgeons, and any other medical professionals are required by ethical and legal standards to provide a reasonable level of care to the patient. This standard of care is ultimately predicated on ensuring patient’s receive the best care possible in light of current medical practices, while also not knowingly harming the patient in the process.
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Recent Medical Malpractice News
Read about the most recent medical malpractice laws and settlements below.
New Bill Regarding Medical Malpractice Passes in Kentucky
16 March, 2017
On March 3, 2017 the state of Kentucky passed a new bill that would require any medical malpractice claim to be reviewed and scrutinized by a panel of expert advisors.
What Patients Need to Know about Medical Malpractice
16 March, 2017
Doctors can finally breathe a sigh of relief knowing that a new legislation has been approved by the House committee that would protect