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In many jurisdictions, a medical malpractice lawsuit is initiated officially by the filing and service of a summons and complaint. The parties subsequently engage in discovery," [3] a process through which documents such as medical records are exchanged, and depositions are taken by parties involved in the lawsuit. A deposition involves the ...
Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson. Medical professionals may obtain professional liability insurances to offset the costs of lawsuits based on medical malpractice ...
Health courts are proposed specialized courts for handling medical malpractice claims. They are characterized by the use of specially trained adjudicators, independent expert witnesses, and predictable damage awards.
Defensive medicine takes two main forms: assurance behavior and avoidance behavior.Assurance behavior involves the charging of additional, unnecessary services to a) reduce adverse outcomes, b) deter patients from filing medical malpractice claims, or c) preempt any future legal action by documenting that the practitioner is practicing according to the standard of care.
Those attorneys who do take medical malpractice cases are very careful only to take very large damages cases. The end result has the practical effect to preventing people who have legitimate, but smaller, malpractice complaints from ever finding an attorney - thus effectively limiting many victims' access to the courts.
A hospital in Oregon is facing a new lawsuit from 18 former patients and their families after IVs that were supposed to contain fentanyl were replaced with water
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