Medical
malpractice pertains to the professional negligence of a health care provider,
such as doctors, therapists, and nurses, wherein it caused harm, injury, or
death to the patient. Most medical malpractice cases involve a medical error in
diagnosing the illness or misdiagnosis, providing wrong medication dosage,
leaving things inside the patient's body during surgery, or operating on the
wrong part of the body. In this context, the error happened because they did
nothing about the situation (also referred to as an act of omission), or the
error was likely due to negligence in their part.
For
patients to receive compensation for their suffering, they need to seek advise
from experts of medical malpractice laws. Majority of malpractice cases need
medical expert testimony, and without it, the judge is likely to dismiss or
decide the case early. The rationale behind this is that the courts have agreed
that the technical information the jury must consider becomes too complicated
to sort without the help of a medical expert. However, opinion of the expert is
not always entirely accepted by the jury, rather it is used to consider the
facts.
The
rules of every state differ when it comes to who is qualified to give
testimonies as a medical expert. If the case of the plaintiff involves
malpractice within a specialized field, then you will need a specialist as your
medical expert. The expert may be considered as a specialist through a
combination of academic and practical experience, and even board certification.
1 comments:
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