![]() ![]() ![]() In medical malpractice cases, the defendant’s behavior is compared to the standard of care for that specific situation. Medical negligence requires that the plaintiff establish the following elements:Ī causal connection between the violation of the standard of care in the injury. Of all of the potential liabilities in medical malpractice, medical negligence is the most common. These liabilities may be based on negligence, insufficiently informed consent, intentional misconduct, breach of a contract, defamation, divulgence of confidential information, or failure to prevent foreseeable injuries to third parties. Medical malpractice law is based on tort and contract law, and it is commonly understood as liabilities that arise from the delivery of medical care. Many professional medical societies (American College of Obstetrics and Gynecology, American College of Emergency Physicians, American Academy of Pediatrics, American Society of General Surgeons, American Association of Neurologic Surgeons, American Academy of Orthopedic Surgeons, American Academy of Ophthalmology, American College of Cardiology, and American College of Radiology) have addressed the issue with recommendations or guidelines. Įvidence-based and experience-based opinions from medical professionals in legal cases have become increasingly important and common. Medical professionals, as members of the medical community, patient advocates, and private citizens, have a professional and ethical responsibility to assist with the civil and criminal judicial processes. ![]() It is in the best interest of the legal and medical professions if this testimony, in either a civil or criminal case, is scientifically sound and provided by an unbiased expert witness. Members of the medical profession may be asked to testify sometime during their career. ![]()
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