PUP 4931r Lecture Notes - Lecture 59: Medical Malpractice, Antithrombotic, Thrombosis
16 May 2018
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MEDICAL MALPRACTICE
Medical Malpractice
Estimated Deaths Due to Medical Error; around 251,000 (fig 1)
3rd largest leading cause of death; behind heart disease and cancer.
What it takes to file a malpractice claim:
Medical malpractice occurs when a patient is harmed by a doctor (or other
medical professional) who fails to competently perform his or her medical duties.
The rules about medical malpractice -- from when you must bring your lawsuit to
whether you must notify the doctor ahead of time -- vary from state to state.
But there are some general principals and broad categories of rules that apply to
most medical malpractice cases. Here's an overview of the law and some of these
special rules
A Doctor-Patient Relationship Existed
You must show that you had a physician-patient relationship with the doctor you
are suing -- this means you hired the doctor and the doctor agreed to be hired.
Questions of whether or not the relationship exists most frequently arise where a
consulting physician did not treat you directly.
The Doctor was Negligent
Just because you are unhappy with your treatment or results does not mean the
doctor is liable for medical malpractice.
The doctor must have been negligent -- not reasonably skillful and careful -- in
your diagnosis or treatment.
You must be able to show that the doctor caused you harm in a way that a
competent doctor, under the same circumstances, would not have.
The doctor's care is not required to be the best possible, but simply "reasonably
skillful and careful." Whether the doctor was reasonably skillful and careful is
often at the heart of a medical malpractice claim.
Almost all states require that the patient present a medical expert to discuss what
standards of treatment are considered to be reasonably skillful and careful in a
particular case.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
3rd largest leading cause of death; behind heart disease and cancer. Estimated deaths due to medical error; around 251,000 (fig 1) What it takes to file a malpractice claim: Medical malpractice occurs when a patient is harmed by a doctor (or other medical professional) who fails to competently perform his or her medical duties. The rules about medical malpractice -- from when you must bring your lawsuit to whether you must notify the doctor ahead of time -- vary from state to state. But there are some general principals and broad categories of rules that apply to most medical malpractice cases. Here"s an overview of the law and some of these special rules. You must show that you had a physician-patient relationship with the doctor you are suing -- this means you hired the doctor and the doctor agreed to be hired.
