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Medical Malpractice

Medical malpractice takes place when a medical patient faces some kind of emotional and physical injury or unfair death as a result of wrong doing or inaction by a medical professional or a facility. The principles and set of laws for medical malpractice vary by country and authority within the countries. Malpractice lawsuits are now on the rise. Doctors are essential to uphold proficient liability insurance to make up for the hazards and costs of lawsuits based on such malpractices. Even if a person signs a waiver before any surgery or as such any medical procedure, it does not mean that the person is no more entitled to seek redress for his injury from the legal authorities. Complaints of medical malpractices often embraces issues like not making a proper treatment consideration and surgical faults. Doctors at times end up writing wrong prescriptions that may harm their patients.

The petitioner is the patient party acting on behalf of the patient. The defendant is generally the health care professional. A plaintiff must ascertain all four essentials of the tort of negligence for a victorious medical malpractice claim. All the claims must be based on adequate proof and testimonies.

The trial

Like the other tort cases, a lawsuit is filed in a court by the claimant or their legal representative with proper jurisdiction. Between the filing of suit and the trial, it is requisite for the parties to share information through discovery. If both parties have the same opinion, the case may be settled before the trial on negotiated terms. If the parties don’t agree, the case will carry on to trials. At trial, both parties will typically present experts to testify according the standard of care essential, and other technical issues. The fact-finder (judge or jury) must then consider all the proof and decide which is the most convincing.

The judge or jury will make a verdict for the prevailing party. If the plaintiff wins, the fact-finder will evaluate damages in the limits of the judge’s orders. The decision is then brought down to the judgment of the court. The losing party can go for a new trial. In some jurisdictions, a plaintiff who is disappointed by a small verdict may move for additur. In maximum authorities, a defendant who is displeased with a large verdict may move for remittitur. Either side could take an appeal from the judgment.


The plaintiff’s damages may consist of compensatory and retaliatory reimbursement. Compensatory damages can be of two types: economic and non-economic. Economic damages comprises of financial losses such as lost wages, medical expenses and life care operating expenses. These damages may be evaluated for past and future damages. Non-financial damages are evaluated for the grievance itself: corporeal and emotional harm, such as failure of vision, loss of a limb or organ, the lesser pleasure of life due to a disability or loss of a prized one, harsh pain and emotional suffering. Penal compensation is only awarded in the event of gratuitous and reckless behavior.

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