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Tuesday, November 30, 2010

Medical Malpractice

I have more respect for doctors than lawyers (even though one day I'll end up with the latter.) I have written this post specifically for those readers who are doctors, nurses, or anyone in the medical field so as to inform them about things they need to be aware of in order to avoid or minimize malpractice suits.

The medical profession, like the business of a common carrier, is something that affects public interest. Medical personnel are advised by law to exercise extraordinary diligence when doing their jobs.

Medical negligence has the following elements:

1.) Duty
2.) Breach
3.) Injury
4.) Proximate causation

A medical practitioner has a duty to his patient, and any breach of that duty that leads to the injury the patient is complaining about will give rise to a tort case.

For lawyers, they're only required to exercise ordinary diligence for the cases of their clients.

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