InTRODUCTION:
InTRODUCTION The history of law can be dated back to the period of Ancient Egyptians, Romans and Greeks. And today, we have endless fields of laws. While traffic rules emerged with the emergence of motor vehicles, company laws were framed to govern the matters relating to companies and other such business organizations. Medical law is one such field of law, which governs the duties and responsibilities of medical professionals and the rights of the patients.
Do I Have a Medical Malpractice Case?:
Do I Have a Medical Malpractice Case? Like other patients, you may believe you have a medical malpractice lawsuit if your medical practitioner makes a mistake while treating you. This may or not be true. The reality is, there's a lot more to a medical malpractice case than a patient getting hurt. The key factors involve showing or proving: A doctor or another medical professional made a mistake, and You were harmed by that mistake
Who can File a Medical Malpractice Suit?:
Who can File a Medical Malpractice Suit? The patient who has undergone medical complications due to the negligence of the health care professional can sue the latter. So, the plaintiff in a medical malpractice case can be the patient, or any individual legally designated to act on the behalf of the patient. The injury experienced by the patient may include physical injury, mental trauma, overhead expenses and loss of ability to work. In case the patient is no more or in case of a wrongful death suit, the officer or executor of the deceased person's estate can take on the role of the petitioner.
Who can be Sued for Medical Malpractice? :
Who can be Sued for Medical Malpractice? The defendants in medical malpractice lawsuits are usually health care professionals or at times, entire institutions. Therefore, depending on the situation and gravity of the case, hospitals, medical corporations, pharmaceutical companies or managed care organizations may be defendants in medical malpractice lawsuits. Even nurses, dentists, hospital employees, anesthesiologists, emergency care professionals and therapists can be sued for medical negligence.
What to Prove in a Medical Malpractice Lawsuit? :
What to Prove in a Medical Malpractice Lawsuit? In order to prove a case of medical malpractice, the plaintiff has to establish certain elements. First of all, the plaintiff should prove that a legal duty of medical care and treatment was supposed to be undertaken by a health care officer or institution, for treating the patient and/or plaintiff. Secondly, the health care professional breached his duty towards the patient. This does not mean that a patient can sue a doctor, if the former is not happy with the treatment. Third point to be proved is the harm caused to the plaintiff, due to the negligent action of the health care provider.
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For MORE DETAILS AND PERSONALIZED INFORMATION CONTACT US HERE: Duffy & Duffy http://www.duffyduffylaw.com mduffy@duffyduffylaw.com 1370 RXR Plaza Uniondale, New York 11556 Ph. : 516.394.4200 Fax: 516.394.4229