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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 .
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.
Loss of use is the inability, due to a tort or other injury to use a body part, animal, equipment, premises, or other property.Law.com defines it as "the inability to use an automobile, premises or some equipment due to damage to the vehicle, premises or articles caused by the negligence or other wrongdoing of another."
Most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most US jurisdictions (partly because negligence is one of the few torts for which ordinary people can and do obtain liability insurance.) [citation needed] It is a form of extracontractual liability that is based upon a failure to ...
To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3] If the same result would have occurred without negligence by the attorney, no cause of action will be permitted. "But for" or actual causation can ...
Breen’s suit claims Olson-Kennedy’s clinic put her on puberty blockers when she was just 12, started her on hormone therapy at 13 and performed a double mastectomy on her at 14.
Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment. Although personal injury cases may result from an intentional act, such as defamation, or from reckless conduct, most personal injury claims are based on a theory of ...
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