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Establishing Standards of Care without Experts

A physician, nurse, hospital, or other healthcare organization must provide its patients with the appropriate standard of care under the circumstances. In a medical malpractice action, an injured party must establish the standard of care and also must show evidence that the healthcare provider breached that standard. Generally, the standard of care is defined as how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. In determining the appropriate standard of care, juries may take into consideration a respected minority rule, which allows a healthcare provider to show that although the course of treatment followed was not the same as the majority of practitioners would have used, it is one that is accepted by a respectable minority of practitioners.

Dialysis Malpractice

When a patient is afflicted with a serious kidney disease, he or she often undergoes dialysis. During this procedure, the dialysis machine acts as an artificial kidney, and the procedure carries with it the inherent possibility of danger to the patient. Therefore, it is both a life-saving and a life-threatening procedure. It is frequently performed at private, for-profit dialysis centers. Some studies indicate that dialysis patients who have the procedure performed at a private, for-profit center face a statistically significant higher risk of death than those treated at a non-profit center.

Chiropractor Malpractice

Chiropractor Malpractice

Unnecessary Surgery

Unnecessary Surgery

Charitable Immunity Laws for Medical Volunteers

Charitable Immunity Laws for Medical Volunteers