My ophthalmologist failed to obtain my informed consent prior to performing cataract surgery on me. What is the difference between medical malpractice and medical negligence?
My ophthalmologist failed to obtain my informed consent prior to performing cataract surgery on me. What is the difference between medical malpractice and medical negligence?
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Answer:
Medical malpractice occurs when a health care provider, such as a physician, hospital, technician, dentist, nurse performs his or her duties in such a way that it deviates from a standard of practice of those with similar experience and training, causing injury to the patient.
To have a successful medical malpractice case, the plaintiff must not only establish the applicable standard of care and a breach of the standard of care, plaintiff must also establish that this conduct was the direct cause of plaintiff's injuries.
To establish medical negligence, a patient must show that the physician's conduct fell below a widely-accepted standard of health care. A plaintiff can establish the applicable standard of care by offering the testimony of a medical expert qualified in the same medical area as the physician, stating which level of care or standard is generally satisfied by those deemed in the field as being qualified to practice and competent.
Talk to a Medical Malpractice Lawyer to establish how your doctor was negligent, how it caused your injury and how you can file a medical malpractice claim to receive compensation for your suffering.
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Posted by Yara Zakharia on 07 Apr 2010