| Establishing Standards of Care without Experts |
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| A physician, nurse, hospital, or other healthcare organization must provide its patients with the appropriate standard of care under the circumstances. In a medical malpractice action, an injured party must establish the standard of care and also must show evidence that the healthcare provider breached that standard. Generally, the standard of care is defined as how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. In determining the appropriate standard of care, juries may take into consideration a respected minority rule, which allows a healthcare provider to show that although the course of treatment followed was not the same as the majority of practitioners would have used, it is one that is accepted by a respectable minority of practitioners.More... |
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| Mitigation of Damages in Medical Malpractice Cases |
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| In most tort cases, an injured party is not permitted to just sit back and do nothing to improve his or her own condition following an injury. The same is true in medical malpractice cases. A patient who is injured as the result of the negligence of a professional healthcare provider has an obligation to take reasonable steps to minimize his damages. He will not be entitled to recover for any damages that could have been avoided by reasonable care. More... |
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| Unnecessary Surgery |
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| Unnecessary SurgeryMore... |
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| Failure to Properly Read X-rays |
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| Certain policies adopted by hospitals concerning diagnostic studies made in an emergency room setting may lead to malpractice claims against the institution. Frequently, a treating physician orders an x-ray, a CAT scan, or an MRI for a patient who has presented himself or herself in the emergency room. If the hospital's policy permits the treating physician to read the diagnostic test, the patient may be discharged if the reading is interpreted by the emergency room physician as negative. As a general rule, the x-ray or other test is usually later reviewed by a radiologist. If this radiologist disagrees with the interpretation made by the emergency room physician, the patient should be notified and instructed to return to the hospital. However, what happens if the hospital is unable to locate the discharged patient or if the problem has substantially worsened without treatment? A potential malpractice action.More... |
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| Bankruptcy |
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| (Effect of a Physician's Bankruptcy on Medical Malpractice Awards)More... |
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