Medical malpractice
occurs when a doctor performs treatment that is not recognized as
standard healthcare treatment (i.e. advising cancer treatment
procedure from the 1950s to treat a patient in 2013). More often than
not, medical malpractice cases are caused by the negligence or
ignorance of a medical professional.
Most people think that
the outcome of a malpractice case falls solely upon the medical
malpractice attorney. However, the legal process for filing a medical
malpractice lawsuit demands that the doctor (or other healthcare
provider) was indeed negligent.
According to medical
malpractice laws, medical negligence is present when it is determined
that the doctor diagnosed or treated a patient in a way that another
doctor would never have done. The only way to determine this is for a
medical malpractice expert witness to testify.
A medical malpractice
expert witness is often a reputable doctor from the same field as the
doctor accused of medical malpractice. These witnesses are required
to go through all the medical records of a patient to see if there
was indeed negligence on the part of the accused doctor. After
reviewing the records, the expert witness will then testify in court
if there was negligence on the part of the accused doctor or not.
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