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Medical Malpractice

Medical Malpractice Basics
Malpractice means negligence caused by a professional. A doctor or hospital can be sued for failing or order tests, missing a diagnosis, delaying treatment or other unreasonable conduct which causes injury to a patient. Malpractice cases are almost always very hotly contested. Doctors rarely will admit they have done wrong - and can almost always find a colleague to defend their professional judgment. Law firms accepting malpractice cases must invest substantial time and lots of money to help prove that the care (or lack of it) caused the patients bad outcome.

Nursing Home Negligence
Usually nursing home negligence or malpractice cases are considered health care malpractice although sometimes they fall into the category of basic negligence law.

Health care facilities owe a duty to their patients and residents to protect them and give them appropriate care. If a facility fails to do this or to properly supervise or monitor the resident's medical care, the resident or the estate of the resident (if the resident is deceased) may have a cause of action against the facility.

Sometimes residents continue to use their own physicians and sometimes they use the facilities' attending physicians. If they use the attending physicians, the facility is liable for evaluating and monitoring the residents and providing non-negligent physicians. Sometimes there is an injury stemming from negligence rather than malpractice - An injury which didn't occur because of the professional relationship and which didn't occur because of failures in the medical or nursing judgment on skill. Under these circumstances, a simple negligence case may also be brought.

Birth Injuries / Trauma
There are many injuries that can occur during pregnancy, labor or after birth. Providing care for a child with special needs by seeking to secure the child's future care and treatment is an overwhelming responsibility if the child's injury was caused by medical error. A medical malpractice insurance claim which, which there may be, may provide financial security for the huge medical and financial costs.

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