by: Richard Romando

An incidence of medical malpractice can be a difficult matter to
prove. Recent statistics indicate that almost two-thirds of all
cases result in victory for the defendant. The attorney is required
to prove both negligence on the part of the caregiver, and damage or
loss as a result of this negligence. Despite the difficulty this
often presents, the prevalence of large malpractice insurance
policies demonstrates that doctors and large healthcare providers
are not too eager to take any risks.

The most common situation that could result in a medical malpractice
case is that of risky procedures or treatments given to a patient
during a hospital stay. Hospitals are generally liable for any
actions undertaken by any of its employees, obviously including any
negligence on the part of a doctor or care provider.

The risks of incurring a malpractice case become even greater when
one considers that malpractice is not always based on what a doctor
might have done, but also what he or she did not do. For example,
take the Polk County Florida case in which the family of a
thirty-one year old wife and mother was awarded $1.75 million due to
an undiagnosed, and subsequently fatal heart disease. In this case,
the court did not find a direct cause-and-effect relationship in
which the doctor in question misdiagnosed, made an error in surgery
or otherwise injured the patient. He or she simply failed to make
the diagnosis of a heart condition that would result in the woman’s
death. After it was determined that that doctor displayed negligence
in omitting this diagnosis, that a reasonable person could assume
that the proper diagnosis both should have been made, and that this
would have avoided the patient’s death, the case was ruled in favor
of the plaintiff.

Despite the above example –and the many like it that occur each year
in hospitals in Florida and across the country – courts usually find
medical malpractice cases in favor of the defendant (the doctor or
hospital, etc.). Nevertheless, with damages often reaching into the
millions with each finding of medical malpractice, doctors and
healthcare providers approach medical malpractice cases with the
utmost concern – and a hefty insurance policy.

About the author:
Medical Malpractice Info provides detailed information about medical
malpractice attorneys, laws, cases, insurance, statutes of
limitation, and more. Medical Malpractice Info is affiliated with
Business Plans by Growthink.