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BASICS OF MEDICAL MALPRACTICE


SUMMARY OF PENNSYLVANIA LAW

EXAMPLES OF MEDICAL MALPRACTICE CASES

PREVENTION


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DISCLAIMER

 

Pennsylvania Cerebral Palsy Attorneys

Medical errors committed by hospitals and healthcare professionals can have devastating results for those unfortunate enough to fall victim to them. It is estimated that medical errors, mistakes, and misdiagnoses play a significant role in the deaths of over 75,000 Americans each year. Recent studies have estimated that of all misdiagnoses, nearly 1 in 3 results in the death of the victim. It is unsettling then to imagine how often medical errors cause less severe hardships and suffering for healthcare recipients. Cerebral Palsy Lawyers- click here!

Our medical malpractice website is intended to provide important information on many aspects of medical malpractice issues. Topics include the basics of medical malpractice cases, examples of cases, steps to preventing medical errors, and useful links. As healthcare consumers, we have the right to the best quality of care available. By keeping healthcare professionals accountable for their errors helps all of us to receive high quality care. Cerebral Palsy Lawyers- click here!

Basics of Medical Malpractice Cases

Medical malpractice occurs when hospitals or healthcare professionals cause the death or injury to patients by providing care that is not within the standard of care. Truth be told, medical malpractice cases are often difficult to win. Many people mistakenly believe that if something goes wrong during a stay in the hospital, the hospital or health care professional is automatically liable for the results. To establish whether a hospital or health care provider is liable for injury or death, it has to be determined that the health care provider was negligent with regard to the standard of care. If they are negligent, the negligence has to be the legal cause of the injuries. Medical malpractice cases are determined by three step-by-step factors: determining the standard of care, establishing that there was a breach of this standard of care, and deciding if this breach was responsible for resulting death or injury.

Standard of Care

A standard of care is the reasonable level of care that a patient can expect during their stay in a hospital. It is the duty of all hospitals and healthcare personnel to provide this standard of care to visiting patients. It is the duty of the hospital and all personnel to provide a reasonable level of care to patients.

Expert witnesses who specialize in the particular area of medicine involved must establish what the standard of care is for the average patient. They then must state that, in their opinion, this standard of care was not followed in this particular instance.  They must state this to, or within, a reasonable degree of medical certainty.