Search results
Results From The WOW.Com Content Network
medical professionals: a medical malpractice claim may be brought against a doctor or other healthcare provider who fails to exercise the degree of care and skill that a similarly situated professional of the same medical specialty would provide under the circumstances.
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.
The Bolam principle addresses the first element and may be formulated as a rule that a doctor, nurse or other health professional is not negligent if he or she acts in accordance with a practice accepted at the time as proper by a responsible body of medical opinion, even though some other practitioners adopt a different practice.
In India, as in the majority of common law jurisdictions, the standard of proof in tort cases is the balance of probabilities as opposed to the reasonable doubt standard used in criminal cases or the preponderance of the evidence standard used in American tort litigation, although the latter is extremely similar in practice to the balance of ...
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 ...
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
The "man on the Clapham omnibus" does not have that skill and the conduct expected from a skilled professional is not the same as could be expected of an ordinary man in the same circumstances. [1] The general standard applied to professionals is therefore that of a "reasonable professional", e.g. car mechanic, doctor etc.
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.