Doctors, nurses and other health care providers spend a great deal of time learning how to treat a great variety of illnesses and physical maladies. As a group they are professionals dedicated to helping alleviate the ailments that plague mankind. Unfortunately, health care providers can also make mistakes. When mistakes are made the effects can be devastating. In fact, according to the National Academy of Sciences, approximately 98,000 Americans die from “medical mistakes” each year.

Medical malpractice is a form of negligence involving a medical treatment provider. The negligence does not have to stem from a doctor; any number of people can be responsible for medical malpractice, including physician assistants, nurses or interns.

Medical malpractice can be found in many forms such as failure to diagnose an illness, failing to remove medical devices after surgery, failing to order proper diagnostic tests, as well as certain birth injuries including cerebral palsy. Of course these are just a few of the more common examples of medical malpractice cases. The problems and difficulties that can result from medical malpractice are far too complex and detailed to address in summary form.

If someone is injured as a result of a treatment provider’s digression from the standard of care, that treater may be liable for the injury that has occurred. The determination of whether a medical professional has met the standard of care is based on a comparison to other professionals in the same field and the same geographical region. In other words, what would a reasonably competent medical professional practicing in the same field as the defendant, and in the same area of the defendant, do under the circumstances that the defendant was facing with respect to care and treatment of the patient?

 

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