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Matrimonial & Family Law

By: user_admin
On: June 20, 2019

MATRIMONIAL & FAMILY LAW

MATRIMONIAL & FAMILY LAW

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2019-06-20
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MEDICAL MALPRACTICE – NEGLIGENCE EXPLAINED:


PRESCRIPTION IN MEDICAL NEGLIGENCE CLAIMS

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MEDICAL MALPRACTICE – NEGLIGENCE EXPLAINED:

Medical negligence is defined as the failure to act with the same amount of care that a medical professional would have acted with in the same circumstances.   Medical malpractice is a legal cause of action that occurs when a medical- or health care professional deviates from the standards of his or her profession, which action or omission results in the injury or death of a patient.   Negligence takes various forms and degrees of severity. The degree of severity will determine how much a victim can possibly win in compensation.   The following four elements which constitutes negligence must be present in order to prove medical malpractice:   health-care professionals or health-care providers had a duty to provide health care to a specific patient and to provide such patient with reasonable care in their treatment;   Health-care professionals or medical facilities failed to provide the standard of medical care;   This failure to provide the standard of medical care resulted in harm or injury of the patient   The patient must prove that he/she suffered damages   Examples of medical malpractice:   Incorrect or delayed diagnosis;   Inappropriate treatment of a condition;   Medication errors such as administering the incorrect or wrong dose of medication;   Surgical errors, including the cutting of unintended tissues, leaving medical instruments behind during a procedure, surgery on the wrong site.   Nursing staff failing to communicate new patient symptoms, concerns or complaints to doctors and other medical professionals.   Anesthesia errors;   Errors in interpreting laboratory- or test results;   Childbirth injuries.   Compiled by Ingrid Meyer