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Good Samaritan Acts
There are times when a person is in immediate need of medical attention, and there are no professionals among the first responders. Before the Good Samaritan Act law was passed, the person providing...
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Contributory Negligence from Patient
Medical malpractice lawsuits are usually looked at from the side of the patient because if he or she is bringing the lawsuit then the doctor has performed some form of negligence. However, there are...
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Clinical Innovation
The medical profession is an ever adapting field that changes as new procedures and drugs enter the market. The newest line of treatments can be controversial at times, as well as the newest drugs to...
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The Respectable Minority Rule For Malpractice
Within the medical field there are a number of ways to treat diseases and aliments. Some ways happen to be more controversial than others, and in the past, have opened up doctors to malpractice...
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Statute of Limitations Shouldn’t Rush You
There are different elements of medical malpractice that need to be taken into account during the process of a medical malpractice lawsuit. Some factors may mitigate a medical malpractice lawsuit....
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Need to Know Facts of Medical Malpractice Defense
Medical Malpractice Defenses There are a variety of different medical malpractice defenses. In many cases these defenses rest on proving the doctor did was not negligent in their methodology. One...
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The Wrecking Ball of Lost Chance of Survival
Medical malpractice can manifest itself in many forms and doctors can be found negligent in a variety of ways. Wrong death suits are common medical malpractice lawsuits claiming in principle that the...
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Practice Guidelines as an Affirmative Defense
An affirmative defense is created, on the side of the defendant, to argue against the plaintiffs' claim in a legal proceeding. At times, medical malpractice lawsuits require an affirmative defense if...
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Multiple Defendants in Medical Malpractice Suit
In some medical malpractice lawsuits there is not a single defendant but multiple defendants. In these instances the punitive damages awarded to a patient may be quite high. Since there are more...
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A Short Overview of Medical Malpractice
Burden of Proof In common law the burden of proof will always fall on the plaintiff. This means that to prove his or her case the evidence will need to be compiled by the plaintiff against the...
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