Medical Malpractice – Do You Have Grounds For a Lawsuit?

Despite the righteous expectations that the medical doctors have, they are not infallible from committing medical malpractice. This term does not solely mean bad practices by doctors as some think. In many cases, the doctors who receive litigation of medical malpractice happen to have no malignant intentions, but just are very negligent.

Suits involving medical malpractice often take place in situations that doctors acting carelessly and assigning deleterious prescription to the patient even in the patient’s chart, it clearly prohibits it. For example, he doctors who mistakenly write down the amount of insulin to be given to the patient who has diabetes, if proven, can be culpable of receiving medical malpractice claim.

In general, doctor malpractice falls into two categories although in very rare situations, there is a third possible category. The first case is intentional. In other words, doctors decided to intentionally harm the patients. If this malignant intention is discovered and corroborated with evidence, then the doctors may receive criminal charges in a criminal lawsuit. This type of situation, however, is not as common as the second type, which is medical negligence. Medical negligence refers to the situations in which doctors are not careful with procedures and prescriptions of drugs that may go against the traditional and generally accepted methods used or the information provided by the patients.

However, just because the doctors failed to see something in the patient’s information does not automatically make them reprehensible for malpractice. In order to establish a lawsuit on the grounds of negligence, plaintiffs must prove the four requirements of negligence, which are a duty, a breach of a duty, causation or proximate cause, and damages. All factors must be confirmed before the medical malpractice litigations can be taken to the court.

This requirement explains why even though some patients have signed the waiver forms, they can still take the doctors to the courts, provided that they have gathered enough evidences to prove the wrongdoings of doctors. Hawaii medical malpractice

In actuality, most valid medical malpractice suits are settled out of court. The reason for this is almost obvious — for a valid suit with proven grounds, the hospital or doctor will settle out of court so as to avoid the huge amounts of negative publicity that a court case would obtain.

As one may expect, medical malpractice is very tough litigation even if the patients have managed to prove all four requirements of medical negligence. In almost all cases, another doctor must be brought into to justify the incorrect technique or negligence taken by the doctors. Because of this difficulty, numerous doctors may become close to receiving litigation but get away with them because they obviously know that the chance of patients winning the suit is slim.


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