Wednesday, December 21, 2005

Outline - Torts - X - Medical Malpractice

Torts (2005 Fall)

X. MEDICAL MALPRACTICE

  1. Types
    1. Negligence in care of patient
    2. Negligence in failing to obtain informed consent
      1. Supersedes former preference for battery, where defendant can invoke privilege of consent.
      2. Matthies v. Mastromonaco (hip surgery) – Material risk must be described.
  2. Expert Testimony
    1. Establishes
      1. Standard of care
      2. Whether or not physician departed from standard
    2. Established by
      1. Currency with customs in field of practice
      2. Before Sheely, field of practice in same or similar locality as locus of cause of action

2 comments:

John said...

Medical malpractice can occur whenever a patient is in the care of a healthcare professional. This can involve the failure or delay in properly diagnosing or treating an illness or injury so that it causes new or aggravated injuries. Medical Negligence solicitors.

JSTBOOK said...

There are a number of circumstances in which it can clearly be argued that a medical professional has breached his or her duty of care(claim medical malpractice case). These include:

* Erroneously or belatedly diagnosing illness or injury
* Failure to take action following test results
* Mistake in performance of an operation or procedure
* Error in administration of medication
* Sub-standard follow up care
* Failure to advise a patient of the risks associated with procedures prior to their administration.