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Presently, the battle at hand is the medical malpractice insurance crisis, which is totally different from the one we experienced in the late 1970s. There is too much happening in the midst of diminishing medical malpractice insurance services:
- Insurance carriers are becoming bankrupt
- Insurance premiums are soaring day by day
- Cost of malpractice insurance becoming prohibitive to the extent of making physicians quit in some areas
Most disturbing are the effects to the patients. The ease of accessing health care is getting compromised by the drama. …
Do I Need a Lawyer?
If you find yourself facing problems with a medical malpractice claim, it is always prudent to weigh carefully whether you want to hire a lawyer to represent you, or go it alone. And in particular, you may be called upon to invest some thought into two particularly vexing scenarios: How challenging the legal problem is likely to be; and what are the chances of success.
According to Jason Konvicka: “Medical malpractice happens when a health provider fails to use the recognized procedures when treating the patient after injury.” The “standard care” is defined as, “what a reasonably prudent medical provider would or would not have done under constant or similar circumstances.” In essence to that, it boils down to know whether the vendor was negligent.…
Despite the rigid standards of patient care and safety, the members of the health care team, most especially the doctors and the nurses are at high risk for medical malpractice. Health care professionals are sued because there is an apparent breach of the standard of practice that caused harm, injury or death to the patient. Each year thousands of doctors face medical suit because of the medical malpractice.
Classification of medical practice
Before the case is even called as a case of medical malpractice, the board should need to establish the four elements that constitute the medical malpractice.
Owed duty – this was when the health-care professional was able to undertake the treatment or care for the patient.
Breach – when …
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