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Medical Malpractice Laws

The laws that laws that cover medical malpractice are many in number and as with any form of law they are difficult to understand fully without a degree in that particular part of the subject. Indeed, lawyers who deal with medical malpractice laws must specialise in the field in order to be able to do so successfully. This article serves the purpose not of detailing the laws that affect medical malpractice, but the practical side of what constitutes such malpractice and how this may affect both patients and practitioners.

Medical Malpractice Laws – For Patients

When admitted to hospital or otherwise being treated by a health professional, you are owed what is called a ‘duty of care’; that is, the person or institution in question has agreed to provide you with medical services. Second, these services are expected to follow the norm set within the medical profession - a good place to gain an understanding of what these norms are is the General Medical Association’s website, which is available through – and should they not meet these standards, you may sue for compensation. Finally, if you believe that the person/s in charge of your treatment have been negligent and that this has resulted in injury or suffering on your behalf, you may again be able to claim ‘damages’.

How to claim for damages

As previously mentioned, medical law is a very complex area of law indeed, and claiming for damages due to negligence requires substantial knowledge of the area. As such, you will need to purchase the services of a medical malpractice law practitioner in order to successfully build a case and submit a claim for damages. If you already know a lawyer who you have worked with before or otherwise trust, but who does not offer medical malpractice services, they are a good first point of call as they will doubtless be able to refer you to a respected medical malpractice law specialist who can help build your case.

Otherwise, a good first point of call is your local social security offices, as they will in the vast majority of cases be able to give you a list of nearby lawyers that specialise in medical malpractice law cases. Alternatively, there are several national law firms such as InjuryLawyers4U or National Accident Helpline that specialise in personal injury and medical malpractice cases.

Medical Malpractice Laws – For Practitioners

Medical malpractice is, in the vast majority of cases, not considered heinous and is instead put down to the human factor; that is, it is deemed as a natural mistake rather than something which has been done on purpose. The hospital or medical institution for which you are working will without doubt subscribe to an insurance which covers such occurrences, and will claim against this insurance for your defence. However, it is still a good idea to take out your own personal medical malpractice insurance cover as well, just in case you should find yourself in the need of further assistance from a medical malpractice law specialist.