Medical Malpractice is becoming an increasingly important problem, it is usual;y thought to only apply to Doctors and Surgeons, but medical malpractice can also occur when nurses, dentists, therapists, or any other type of medical practitioner is treating you, also claims are usually brought against the Hospital or Clinic that employee a negligent practitioner.
It is thought that about 80,000 deaths in the U. S. every year there is some Medical Malpractice! These numbers are based on hospital statistics so they do not take in to consideration miss diagnoses or incidents that happen elsewhere, i.e. doctors or dentist surgeries.
It is surprising how few people file claims for compensation following Medical Malpractice. To be successful a claim must show three things: -
1. 1. That the provider failed in his/her duty of care towards the patient: the provider failed to do something that a reasonably prudent provider in the same field would have done under the same or similar circumstances, or that the provider did something that no reasonably prudent provider in the same field would have done under the same or similar circumstances.
2. That some harm was caused by this failure to comply with the duty of care and that the harm risked by such misconduct was reasonably foreseeable at the time.
3. The amount of damages that would reasonably compensate the plaintiff for the harm caused by the malpractice.
Outside the United States there may be other considerations fore instance in the United Kingdom a doctor would not be considered negligent if it could be shown that he acted in accordance with a reasonable body of medical opinion.
This is a very complicated area at, Medical Malpractice Review we have tried to gather the information you will need to investigate the subject, we are constantly adding new information and articles so do check back regularly.