" Shedding Light On Medical Malpractice Legal Issues "

By Somdev Mukherjee

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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-

  • Failure to diagnose or carrying out wrong diagnosis of a disease or medical condition.
  • Failure to provide suitable treatment for the medical condition
  • Creating unreasonable delay in treating/attending to a medical condition diagnosed

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:

  • Any person injured during treatment and filing negligence lawsuit needs to ascertain in the first place whether the harm/injury has resulted from inadequate care.
  • Hence or otherwise the person filing the lawsuit bears the onus of proving that he/she had obtained considerable medical care and that such care was actually responsible for the injury.
  • The physicians and other medical care providers are generally not bound by law to tell patients that they had got hurt owing to medical care that was less than adequate/improper. Thus the patients filing the lawsuits themselves need to approach and consult other professionals in the medical field to find out facts.
  • It may even be that the patient who is filing negligence lawsuit had been under the care of multiple health care providers. In this case the particular care provider who is responsible for the injury needs to be singled out.


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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.


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