By Somdev Mukherjee
Medical malpractice is considered to be taking place when a doctor or any other medical practitioner is acting negligently while providing medical treatment. The law associated with medical malpractice is a branch of personal injury law. What it concerns is the pain and suffering caused to the person undergoing treatment owing to gross mistake(s), negligence or bad judgment on the part of the medical practitioner.
The medical malpractice laws commonly seeks to redress the following-
Laws that take care of medical malpractice today have their roots in the nineteenth century English common law. The tort law that is the general body of law dealing with injuries to people or property included medical malpractice related concerns.
According to law, medical malpractice lawsuit needs to be brought within a prescribed period (this is referred to as a ‘statute of limitation’). Subsequent to bringing of the lawsuit the court will inquire into various issues. Then a decision will be made about whether medical malpractice has actually occurred. If it is proved beyond doubt by evidences that negligence or medical practice has actually taken place then remedial/compensatory/punitive action is ruled.
Some noteworthy points regarding medical malpractice lawsuit are:
Somdev Mukherjee is a Kolkata (India) based writer of articles, short stories, poems and web content related to finance, mortgage, debt consolidation, insurance, laws and other topics of interest.