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Re: Medical Malpractice
Dear Justice Seeker:
A Medical Malpractice claim is one of several specific types of Personal Injury claims. Like all other Personal Injury claims, it involves physical or mental injury to a person as a result of another's negligence, that is, another's failure to act reasonably under the circumstances. However, there are unique and important aspects to Medical Malpractice claims that set them apart from other types of Personal Injury claims.
First of all, unlike an auto accident, for example, we are not dealing with the ordinary negligence of a driver who has run a red light or swerved into oncoming traffic, which anyone can tell you is a bad idea. We are dealing, instead, with the actions of a medical professional, such as a doctor or nurse, whose conduct is governed by specific standards of acceptable care within the medical profession.
In other words, proving that a medical professional has been negligent typically requires a qualified expert in the same area of medicine to say so, after carefully reviewing all the medical records pertaining to a patient's course of treatment, and that is only the first question...
