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Medical Malpractice Lawsuit –Us

Date Added: February 20, 2010 04:16:49 PM
Author: Administrator
Category: Investigators

Medical Malpractice Lawsuit –Us

Author: Sudarshana Lk

Medical malpractice is professional negligence by act or omission by a healthcare provider.  This standard of practice causes injury or death to the patient. The standard and regulations for medical malpractice vary according to the country and jurisdiction in that particular country. Medical professionals are required to obtain the professional insurance liability to affect the risk and costs of lawsuits arising out of medical malpractices.

Malpractice is a specific legal term related to lawsuits alleging circumstances that lead to a damage to a patient. Malpractices cover misdiagnosis, mistreatment or various types of negligence. Not all doctors are liable for malpractice lawsuits.  In the medical profession there are certain risks and margins for error in certain sicknesses.

The top five diseases that receive monetary awards in terms of the dollar value are Breast cancer, lung cancer, colorectal cancer, heart attack and appendicitis. In these diseases the main form of allegation is misdiagnosis, either delayed diagnosis or mismanagement of diagnostic testing. This delay may lead to severe complications or death.

The doctor is found negligent even if compensation is paid in money for the damage he / she has suffered.  There are two major kinds in successful lawsuits. These are Compensatory and Punitive Damages. A compensatory damage is the most common kind. This money is paid for the injury caused. The latter is much harder to put a figure on. The damage given depends on the person and the normal income he gets. In addition to the damages that are awarded to the injured person, the patient’s family may recover money for loss of care, companionship, love and affection.  If the victim dies the family members will get more for the death of the victims.

The next is the Punitive Damage. This money may be awarded to the patient in order to punish the doctor for his or her actions. This type of award will be difficult to obtain. This is given if the doctor acted in a willful, wanton or malicious way or was motivated by evil motive, to injure the patient.

This is a brief description that a medical professional will have to face in his practice.

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