| Establishing Standards of Care without Experts |
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| A physician, nurse, hospital, or other healthcare organization must provide its patients with the appropriate standard of care under the circumstances. In a medical malpractice action, an injured party must establish the standard of care and also must show evidence that the healthcare provider breached that standard. Generally, the standard of care is defined as how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. In determining the appropriate standard of care, juries may take into consideration a respected minority rule, which allows a healthcare provider to show that although the course of treatment followed was not the same as the majority of practitioners would have used, it is one that is accepted by a respectable minority of practitioners.More... |
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| Loss of Enjoyment of Life |
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| When a patient is injured by the negligence of a healthcare provider, his or her injuries may not be limited by the aches, pains, or physical deformities caused by the medical malpractice. Many courts now allow these plaintiffs to recover for the loss of enjoyment of life, which often occurs as the result of a permanent injury. What is the scope of damages for the loss of enjoyment of life, or hedonic damages? These awards compensate the injured patient for the loss of his or her former recreational, family, social, or career pursuits as well as the patient's future inability to perform elementary physical and intellectual tasks taken for granted by most people.More... |
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| Structured Settlements |
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| Structured SettlementsMore... |
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| Aggravation of Injuries in Medical Malpractice Cases |
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| What happens if, after a patient has been injured by the negligence of a physician, he or she goes to a second physician for treatment of the injury caused by the first doctor, and the injury is aggravated by the negligence of the second doctor? The answer may be surprising. Generally, the rule is that the first physician whose negligence caused injury is also liable for additional injury later caused by the negligent treatment that the patient received from the second physician, provided that the patient used ordinary care in selecting the second physician. The patient is not obligated to find the best physician available, but is only required to act with due care and good faith in selecting the second physician. Therefore, a negligent doctor is liable not only for the injury caused by his own acts but is also liable for any additional harm resulting from the manner in which reasonably required medical services are rendered.More... |
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| Dermatology Malpractice |
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| Even physicians who practice dermatology may be liable for damages to a patient caused by their medical malpractice. Studies indicate that most malpractice claims result from the most common types of clinical situations, not the more exotic procedures.More... |
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