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In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
The qualifications of the expert are not the deciding factors as to whether the individual will be qualified, although they are certainly important considerations. Expert testimony is not qualified "just because somebody with a diploma says it is so" (United States v. Ingham, 42 M.J. 218, 226 [A.C.M.R. 1995]). In addition to appropriate ...
David James "Indian Chief" Lindsey, a Melbourne man so declared after repeatedly suing doctors, insurance firms and companies such as Carlton & United Breweries for smoking-related damages. On February 21, 2006, the Supreme Court of Appeal gave him leave to sue Philip Morris , demonstrating that a vexatious litigant is not completely blocked ...
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.
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Texas Attorney General Ken Paxton (R) filed a lawsuit Wednesday accusing a second doctor of violating a state law banning gender-affirming care for transgender minors. The lawsuit, filed in a ...
Defensive medicine is a reaction to the rising costs of malpractice insurance premiums and patients’ biases on suing for missed or delayed diagnosis or treatment but not for being overdiagnosed. Physicians in the United States are at highest risk of being sued, and overtreatment is common. The number of lawsuits against physicians in the USA ...
But just 31 percent of the 7,745 doctors in those areas are certified to treat the legal limit of 100 patients. Even in Vermont, where the governor in 2014 signed several bills adding $6.8 million in additional funding for medication-assisted treatment programs, only 28 percent or just 60 doctors are certified at the 100-patient level.