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Medical malpractise?

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1 Medical malpractise? on Mon Jun 12, 2017 11:43 pm


Arresto Menor
I had an accident last March 9 that requires surgery for both my fractured right shoulder and left foot. They put plates on both. Now while I'm just lying in bed, Something snap on my right shoulder and I feel pain while moving and can't move my right arm I feel like the plates they put must be not on place it is extremely painful and I'm planning to go to a doctor tomorrow. If there's something wrong with my shoulder and proven that it is because of the plate is it a valid medical malpractice? My doctor already issued a fit to work. Need help!

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2 Re: Medical malpractise? on Tue Jun 13, 2017 4:50 am


Reclusion Perpetua
Only a court can determine if there is medical malpractice (actually, medical negligence).

In its simplest terms, the type of lawsuit which has been called medical malpractice or, more appropriately, medical negligence, is that type of claim which a victim has available to him or her to redress a wrong committed by a medical professional which has caused bodily harm.

In order to successfully pursue such a claim, a patient must prove that a health care provider, in most cases a physician, either failed to do something which a reasonably prudent health care provider would have done, or that he or she did something that a reasonably prudent provider would not have done; and that that failure or action caused injury to the patient.

Hence, there are four elements involved in medical negligence cases: duty, breach, injury and proximate causation.

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