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Medical Malpractice
Malpractice, in general, is defined as
negligence or
carelessness on the part of a professional person. Malpractice is
the failure to provide the quality and kind of service that another
professional would provide under similar circumstances and
consistent with generally accepted standards of care. Medical
malpractice is the area of personal injury law that applies to
situations when negligent or careless actions by a doctor or other
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professional result in injury or harm to the patient.
Negligent actions can
include errors in diagnosis, treatment or
sickness management. If the negligence results in injury or harm, a
case may arise against the doctor, if his or her actions deviated
from generally accepted
standards of practice or against the hospital for improper care,
such as problems with medications or nursing care.
Contrary to what you may have been lead to believe by
the news media, medical malpractice cases are not very common as
they are difficult to prove and costly to win. The majority of
medical malpractice cases filed are lost by the injured party.
Medical malpractice lawyers are very selective, by necessity, as
to which cases they will pursue. |
While theoretically an injured party
can seek compensation for any injury caused by
negligence,
regardless of its seriousness, most medical malpractice lawyers will
only take cases where the damage (injury) is serious or permanent.
The time and money a lawyer must put into a potential medical
malpractice lawsuit makes it almost impossible to take cases where
an injury is minor or resolves quickly. The reality is that many
medical malpractice cases are turned down by attorneys because they
are "economically" unviable, not because they lack merit. There
really is no such thing as a "frivolous" medical malpractice
lawsuit.
As a general rule, it is wise to seek legal advice
immediately after you suspect you’ve been injured as a result of
someone’s negligence, whether it’s
medical malpractice, a
car
accident, a slip and fall, a
dog bite, lead poisoning, a
defective
product, a work injury or
other types of cases. |
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Personal
Injury Hotlinesm and Personal Injury
Hotline.comsm are service marks of John M. DeProspo,
Esq.
Copyright © 2005, PersonalInjuryhotline.com All rights
reserved.
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