Medical Malpractice

Medical malpractice occurs when a physician's negligence causes severe injury to a patient. This may occur from misdiagnosis, incorrect prescription, and mistreatment of a patient. Even though medical services are not an absolute guarantee, there are certain avoidable risks that may be prevented if a physician is acting diligently.

Medical Malpractice consists of six elements required to establish a valid claim. (1) Duty of care- Physicians are required to exercise care of a reasonable skilled physician. (2) Informed Consent- A physician is required to obtain consent for medical procedures when reasonable disclosure is necessary. Failure to obtain consent may impose liability for negligence or battery, (3)Informed Refusal- The Patient must be informed of the risks of a decision not to undergo the treatment or procedure, (4) Breach of Duty- When the physician fails to act as a reasonable physician, (5)Actual Loss or Damage resulting from the Breach- this may include pain and suffering or payment to undue damage and (6) Defendants Negligence proximately caused the resulting injury- the Physician was the cause of the injury and not the negligence of the patient.

There are multiple defenses that may be raised in a Medical Malpractice suit. The most common consist of the following: (1) Statute Of Limitations- There is a certain time frame claim must be filed, (2) Comparative Negligence (3) Emergency Care- Good Samaritan Rule, (4)Injury resulting from natural course of condition or treatment, (5) Non-action on unsolicited references from diagnostic clinic, and (6)Exculpatory clauses - which are defenses that are generally against public policy.

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