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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 ...
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.
In February 2011, President Barack Obama's administration announced a $250 million fund in the fiscal year 2012 budget for medical malpractice reforms, with special emphasis on health courts. [ 8 ] References
In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person. [3] Under common law, a dead person cannot bring a suit (under the maxim actio personalis moritur cum persona), and this created an anomaly in which activities that resulted in a person's injury would result in civil sanction, but activities that resulted in a person's ...
At the beginning of the lawsuit, it may be impossible to determine which medical professional was negligent, so all persons who treated the plaintiff must be sued. However, the hospital records available to the plaintiff may be limited or unintelligible, and the hospital that does have the records may refuse to release them unless litigation is ...
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.
Wrongful birth is a legal cause of action in some common law countries in which the parents of a congenitally diseased child claim that their doctor failed to properly warn of their risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities. [1]