| Did you know that medical malpractice lawsuits | | | | shown us that non-physicians cannot be protected |
| are quite different in practically all respects from | | | | for just following orders. |
| other lawsuits? If you did not know this, read on | | | | A medical malpractice lawsuit should prove that |
| the article to get details about these lawsuits. | | | | the medical treatment or care that was supposed |
| Medical malpractice refers to the failure of a | | | | to be given or undertaken by the healthcare |
| healthcare provider to provide accepted standards | | | | provider was not done so. In addition, it must also |
| of service. If the healthcare provider deviates in | | | | be proven that the healthcare provider failed to |
| any respect from the norms of treating a patient, | | | | perform his or her duties according to the |
| it is termed as medical malpractice. This failure or | | | | prescribed standards. The case should further |
| deviation is very dangerous for a patient as it can | | | | prove that the duties performed by the |
| cause injury to him, or in extreme cases lead to | | | | healthcare provider were breached. All this can be |
| the patient's death. This means that medical | | | | done by sworn testimony or proved results of |
| practice is nothing but professional negligence on | | | | obvious errors. |
| the part of the healthcare provider. | | | | Medical malpractice cases are similar to tort cases. |
| Just like in other lawsuits, even in medical | | | | The plaintiff's attorney first files the lawsuit. The |
| malpractice lawsuits there is a plaintiff and | | | | time between the filing and the trial is then used |
| defendant. The plaintiff will be the patient, while | | | | for sharing information between the concerned |
| the defendant is the healthcare provider, who can | | | | parties. This period involves depositions, |
| be a doctor, physician, therapist or dentist. In case | | | | interrogations and requests for documents. If the |
| the malpractice led to the patient's demise, the | | | | two parties cannot come to a mutual |
| plaintiff's role is assumed by an individual who is | | | | understanding, the case then proceeds for trial. |
| the administrator or executor of the deceased | | | | In the trial, it is important to have expert |
| patient's estate. | | | | witnesses who should have enough training, |
| Even a hospital, clinic or medical center can be | | | | education and knowledge about the specific |
| sued for medical malpractice. Depending on the | | | | medical issue. It is only then they can qualify as |
| gravity of the case, managed care organizations | | | | experts witnesses. If the plaintiff wins the case, |
| or medical corporations can be defendants too. | | | | he can be awarded punitive as well as |
| Even nurses can be liable as previous cases have | | | | compensatory damages. |