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Improper Triage and Malpractice

Improper Triage and Malpractice

Failure to Diagnose Appendicitis

Failure to Diagnose Appendicitis

Non-economic Damages Caps in Medical Malpractice Suits

Non-economic Damages Caps in Medical Malpractice Suits

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.

Retained Foreign Bodies and Medical Malpractice

Retained Foreign Bodies and Medical Malpractice