| Establishing Standards of Care without Experts |
| |
| A physician, nurse, hospital, or other healthcare organization must provide its patients with the appropriate standard of care under the circumstances. In a medical malpractice action, an injured party must establish the standard of care and also must show evidence that the healthcare provider breached that standard. Generally, the standard of care is defined as how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. In determining the appropriate standard of care, juries may take into consideration a respected minority rule, which allows a healthcare provider to show that although the course of treatment followed was not the same as the majority of practitioners would have used, it is one that is accepted by a respectable minority of practitioners.More... |
| |
| Nursing Home Abuse |
| |
| With advances in medical technology and health care in general, more people are living longer and longer. In fact, Americans over the age of 85 is the fast growing segment of the country's population. As the aging population increases, so does the number of people receiving long-term care in nursing homes. More... |
| |
| Charitable Immunity Laws for Medical Volunteers |
| |
| Charitable Immunity Laws for Medical VolunteersMore... |
| |
| Retained Foreign Bodies and Medical Malpractice |
| |
| Retained Foreign Bodies and Medical MalpracticeMore... |
| |
| Res Ipsa Loquitur |
| |
| In an ordinary medical malpractice case, the fact that a patient sustained an injury does not in and by itself create a presumption that the physician was negligent. In order to succeed, the patient has to prove, among other things, that it was the physician's treatment of the patient that caused the injury. More... |
| |
