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Doctor insights on: Malpractice

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What is the medical definition of malpractice?

Malpractice: malpractice = improper/ negligent/ unethical care by a medical provider. ...Read more

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Is it okay to sue for medical malpractice?

Ask an attorney!: You will need to speak with a lawyer who "specializes" in medical malpractice. Just rember, to have a compensible action, there must be negligent action (not considered "the standard of care" in the field, and there must be actual damages. If either one is missing, there is no suit. Just remember...once you sue a doctor don't expect him/her to be amenable to you remaining a patient. ...Read more

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How to approach a medical malpractice case?

Consider asking: this question on AVVO.Com - that is where lawyers can provide free advice. ...Read more

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Is this medical malpractice if baby has low apgars?

Is this medical malpractice if baby has low apgars?

See below. : Not necessarily. There are many reasons for a low apgar, including maternal history, and fetal conditions which may be secondary to congenital syndromes, or even prematurity. These as well as others should be taken into account and discussed with a medical professionals who has access to both maternal and fetal/infant's medical records. ...Read more

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What proof is needed when filing a malpractice claim?

Reasonable care. : Best is to let an attorney have expert witnesses testify as to the reasonableness of care and whether the care was the standard of care for the medical specialty involved. This will include any duty owed to the patient for care, breach of that duty, whether the breach of the duty is a direct causation of the alleged malpractice, and the damages claimed. If both negligence, and damages related to the negligence cannot be proved, there is no medical malpractice case. ...Read more

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Docs can you explain what is a "medical malpractice"?

Reasonable care. : Best is to let an attorney have expert witnesses testify as to the reasonableness of care and whether the care was the standard of care for the medical specialty involved. This will include any duty owed to the patient for care, breach of that duty, whether the breach of the duty is a direct causation of the alleged malpractice, and the damages claimed. If both negligence, and damages related to the negligence cannot be proved, there is no medical malpractice case. ...Read more

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Can I prove negligence in a medical malpractice case?

Can I prove negligence in a medical malpractice case?

Difficult: Lawyers operate under the presumption that we would all live forever were it not for the wrongful interventions of medical practitioners. They only have to demonstrate damage and appeal to a jury of the loosest connection between the intervention and the 'bad' outcome. Negligence is hinted at, but rarely is definitive. In medmal there is lots of money and little justice. ...Read more

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If you have malpractice insurance, can you practice in other states?

If you have malpractice insurance, can you practice in other states?

Maybe : You will have to check with the malpractice insurance carrier. Some allow a certain percentage of work in other states, some do not. Some insurance companies may not offer insurance in all states. ...Read more

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Can this diagnosis be considered malpractice?..after the stricture was found I asked if I ever had prostatitis and was told no..

Can this diagnosis be considered malpractice?..after the stricture was found I asked if I ever had prostatitis and was told no..

No: Urethral strictures are caused by STDs such as gonnorhea or chlamydia and by trauma such as pelvic fractures or instrumentation or other trauma but not by prostatitis.Malpractice has a totally different meaning.Look it up.Sometimes we can't identify a cause. ...Read more

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How can I check if my surgeon has any malpractice actions agains him?

How can I check if my surgeon has any malpractice actions agains him?

Local med society. : You can search you doctor on line at your local county or state medical society. You may also be able to call them and they may be able to give you the info or direct you where to get it another way is to go to your state court web page and query your doctors name for law suits. ...Read more

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Who pays the doctor for their time, who pays if there is a malpractice issue?

Who pays the doctor for their time,  who pays if there is a malpractice issue?

Usually insurance: Hi, thanks for your question. For most doctors, their paycheck comes from the insurance companies: blue cross, etc, or the government if the patient qualifies for medicare or medicaid. In my practice, i see patients that do not have insurance, and charge a straight $50 fee for a straightforward visit. If there is a lawsuit, then malpractice insurance covers most of those expenses. ...Read more

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If meatel stricture occurs after circumcision as complication, can It be due to malpractice ? Is that a common reason ?

If meatel stricture occurs after circumcision as complication, can It be due to malpractice ? Is that a common reason ?

Unlikely: in general, the urethral meatus is in no way involved with circumcision. Therefore, urethral meatal stenosis is not likely to be related to having had a circumcision ...Read more

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Please list as many things you know that are considered medical malpractice, and what are the consequences thereof to the doctor?

Wrong website: Health tap is intended to answer medical questions. If you have legal questions, i suggest you talk to a lawyer or maybe there is a legal website to help you. ...Read more

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Is psychological damage by a doctor considered malpractice?

Is psychological damage by a doctor considered malpractice?

Probably not: Usually psychological distress from a doctor visit relates to the reaction to the illness or treatment. Sometimes there are misunderstandings in communication. Was the doctor a psychiatrist? If your distress continues, talk with some trusted friends about it and maybe even a counselor. ...Read more

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Could it be malpractice for a doctor not to examine a patient?

Could it be malpractice for a doctor not to examine a patient?

Probably not: Until there is a direct relationship between a patient and the doctor involving record review, personal examination, testing, etc. - there is no relationship and no possibiliy of malpractice. Some doctors get caught up in this in the type of blanket accusations put forth by greedy malpractice attorneys but these are quickly thrown out at trial. ...Read more

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How would you check a plastic surgeon's malpractice record?

Check State Website: Most states have a board of medicine website and the licenses and disciplinary actions against doctors are listed on the website. Check your state board of medicine. ...Read more

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