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Monday, November 25, 2013

What Constitutes Medical Malpractice?

Doctors are often seen as authority figures. After all, they spend the better part of a decade studying for their medical degrees and training in hospitals to hone their skills. If you show them your hand, they can tell you every bone, muscle, ligament, joint and nerve that comprise it. Since they specialize in the inner workings of the human body, they are experts at treating the various ailments that afflict it.

No matter how highly patients may think of them, doctors are still human and are not infallible. In fact, there are 15,000 to 19,000 cases of medical malpractice filed each year. However, if an injection feels slightly more painful than usual, that’s not necessarily grounds for a malpractice suit. Doctors can only be charged with malpractice if they were negligent of their duties, giving substandard treatment that harms, injures or causes death to patients.

In other words, deviation from the standard quality of care must first be established before the doctor can be held legally responsible for any harm caused to a patient. In such cases, a medical malpractice expert witness can study a plaintiff’s complaint to see if there is indeed professional negligence on the part of the doctor. Often, an expert witness’s opinion is necessary before a malpractice lawsuit can be filed.

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