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The history of law can be dated back to the periodof Ancient Egyptians, Romans and Greeks. Andtoday, we have endless fields of laws. While trafficrules emerged with the emergence of motorvehicles, company laws were framed to govern thematters relating to companies and other suchbusiness organizations. Medical law is one such field of law, whichgoverns the duties and responsibilities of medicalprofessionals and the rights of the patients.
Like other patients, you may believe you have a medical malpractice lawsuit if your medical practitioner makes a mistake while treating you. This may or not be true. The reality is, theres a lot more to a medical malpractice case than a patient getting hurt. The key factors involve showing or proving: A doctor or another medical professional made a mistake, and You were harmed by that mistake
The patient who has undergone medicalcomplications due to the negligence of thehealth care professional can sue the latter.So, the plaintiff in a medical malpractice casecan be the patient, or any individual legallydesignated to act on the behalf of the patient.The injury experienced by the patient mayinclude physical injury, mentaltrauma, overhead expenses and loss of ability towork. In case the patient is no more or in case ofa wrongful death suit, the officer or executor ofthe deceased persons estate can take on therole of the petitioner.
The defendants in medical malpractice lawsuitsare usually health care professionals or at times,entire institutions. Therefore, depending on thesituation and gravity of the case, hospitals,medical corporations, pharmaceuticalcompanies or managed care organizations maybe defendants in medical malpractice lawsuits.Even nurses, dentists, hospital employees,anesthesiologists, emergency care professionalsand therapists can be sued for medicalnegligence.
In order to prove a case of medical malpractice, the plaintiff has to establish certain elements. First of all, the plaintiff should prove that a legal duty of medical care and treatment was supposed to be undertaken by a health care officer or institution, for treating the patient and/or plaintiff. Secondly, the health care professional breached his duty towards the patient. This does not mean that a patient can sue a doctor, if the former is not happy with the treatment. Third point to be proved is the harm caused to the plaintiff, due to the negligent action of the health care provider.
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