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Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. [1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." [ 1 ] In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss.
Thus, when a patient claims injury as the result of a medical professional's care, a malpractice case will most often be based upon one of three theories: [10] Failure to diagnose: a medical professional is alleged to have failed to diagnose an existing medical condition, or to have provided an incorrect diagnoses for the patient's medical ...
Medical malpractice is a highly complex area of law, with laws that differ significantly between jurisdictions. [ 6 ] In Australia, medical malpractice and the rise in claims against individual and institutional providers have led to the evolution of patient advocates .
A Seattle-area plastic surgery provider accused of threatening patients over negative reviews and posting fake positive ones must pay $5 million to the state attorney general’s office and ...
If that is the case, then as a matter of law, the duty of care has not been breached and the plaintiff cannot recover in negligence. [ 35 ] [ 36 ] This is the key difference between negligence and strict liability ; if strict liability attaches to the defendant's conduct, then the plaintiff can recover under that theory regardless of whatever ...
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