Medical Malpractice Cases: Trends And Insights
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The article "Medical Malpractice Cases: Trends and Insights" talks about health and medical, it has been created by Richard Romando.
An inciednce of medical malpractice can be a difficult matter to
prove.
Recent statistics indicate that almost two-thirds of all
cases result in victory for the defendant. The attorney is
required to prove both negligence on the part of the caregiver,
and damage or loss as a result of this negilgence. Despite the
difficulty this often presents, the prevalence of large
malpractice insurance policies demonstrates that doctors and
large healthcare providers are not too eager to take any risks.
The most common situation that could result in a medical
malpractice case is that of risky procedures or treatments given
to a patient during a hospital stay. Hospitals are generally
liable for any actions udnertaken by any of its employees,
obviously including any negligence on the part of a doctor or
care provider.
The risks of inucrring a malpractice case become even greater
when one considers that malpractice is not always based on what
a doctor might have done, but also what he or she did not do.
For example, take the Polk County Florida case in which the
family of a thirty-one year old wife and mother was awarded
$1.75 million due to an undiagnosed, and subsequently fatal
heart disease. In this case, the court did not find a direct
cause-and-effect relationship in which the doctor in question
misdiagnosed, made an error in surgery or othrewise injured the
patient.
He or she simply failed to make the diagnosis of a
heart condition that wuold result in the woman's death. After it
was determined that that doctor displayed negligence in omitting
this diagnosis, that a reasonable person colud assume that the
proper diagnosis both should have been made, and that this would
have avoided the patient's death, the case was ruled in favor of
the plaintiff.
Despite the above example -and the many like it that occur each
year in hospitals in Florida and across the country - courts
usually find medical malpractice cases in favor of the defendant
(the doctor or hospital, etc.).
Nevertheless, with damages often
reaching into the millions with each finding of medical
malpractice, doctors and healthcare providers approach medical
malpractice cases with the utmost concern - and a hefty
insurance policy.
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Medical Malpractice Cases: Trends and Insights
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