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medical malpractice defense Archives

Always work with experienced attorney to build strong medical malpractice defense

Those who are familiar with the term know that it refers to efforts to curtail tort litigation by implementing limitations on the ability to file tort claims, or limitations on the ability to collect damages in these cases. Tort reform has long been an important goal at the state level. As we noted in a previous post, though, there are currently efforts to implement tort reform under federal law. These efforts include a proposed cap on noneconomic damages in medical malpractice lawsuits.

What is the “standard of care” in malpractice litigation? P.2

Previously, we began looking at the standard of care in medical, hospital and nursing home malpractice litigation. As we noted, the standard of care is the legal duties to which a medical provider or institution is held under a specific set of circumstances, and against which fault is determined in malpractice litigation.

What is the “standard of care” in malpractice litigation? P.1

The ability to seek compensation from a negligent physician, hospital or nursing home is an important right patients have under state law, and those who have been seriously harmed as a result of incompetent and substandard medical, hospital or nursing home care should explore their options for seeking recovery, including malpractice litigation. At the same time, some malpractice lawsuits should never be pursued in the first place: some, for financial reasons; others, for legal reasons.

Federal bill would cap noneconomic damages in medical malpractice cases

In our last post, we mentioned caps on awards of noneconomic damages as one avenue medical providers and hospitals can look to in limiting their liability in medical and hospital malpractice cases. Limiting noneconomic damages in tort cases is a common step states have taken in an effort to reform the tort system.

Two ways to avoid or limit medical, hospital malpractice liability

For both physicians and hospitals sued by patients, minimizing liability in medical malpractice and hospital malpractice claims is an important task, and one which requires knowledge of the law, keen negotiation skills, and the ability to effectively use the legal process.

Florida Supreme Court’s rules on standard for admissibility of expert testimony in med mal cases

Previously on this blog, we began looking at the importance of expert testimony in establishing liability in medical malpractice cases, and the fact that different jurisdictions have different rules regarding the admissibility of expert testimony.

Admissibility of expert testimony in med mal cases an important issue

In medical malpractice cases, building a strong defense requires not only having the law on one’s side, but also presenting enough evidence to back up one’s legal argument. While medical malpractice plaintiffs have the burden of presenting relevant and reliable evidence to support each element of a medical malpractice claim, defendants’ focus is to present sufficient evidence to show that the plaintiff doesn’t meet the legal requirements for establishing the defendant’s liability.

Stronger malpractice laws are not linked to reduced complications

Those who support aggressive medical malpractice laws that make it easier for patients to sue claim it will result in improved care. A recent study, however, suggest that the risk of litigation may not improve patient outcomes.

There are perfectly viable defenses to medical malpractice

Medical professionals have a very difficult job to perform, and they are put under tremendous stress to accomplish it flawlessly. Obviously, this doesn't always happen. People are going to make mistakes, no matter if they are parking lot attendants or highly respected brain surgeons. Mistakes happen. We're human.

What are some strategies to defend against medical malpractice?

Even the best doctors and medical professionals can be involved in medical malpractice lawsuits. Whether the claim is legitimate or not, it is vital to protect your rights and interests throughout the proceedings. The best way to do this is through a strong defense strategy.