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Minimum Standard of Practice
It is the required level of prudence or caution expected to beperformed by a medical provider in conducting medicalprocedures.
If a medical providers actions do not meet this standard ofcare, then his/her acts fail to meet the duty of care, and suchfailure to meet the standard is medical negligence, and anydamages resulting therefrom may be claimed in a lawsuit bythe injured party. The plaintiff must establish the appropriate
standard of care and demonstrate that the standard of carehas been breached.
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Branches of Medical Profession Main branches of Medicine- Basic science of medicine (such as
physician)
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Medical Specialties
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Interdisciplinary fields
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Nurse
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Emergency medical technicians
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Paramedics
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Laboratory scientist
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Pharmacist
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Podiatrist Physiotherapist
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Radiographers
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Dietician
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Bioengineer
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Medical malpractice casesarise when a patient is harmedby a doctor or nurse (or othermedical professional) who failsto provide proper health care
treatment.
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In order to meet the legal
definition of medical malpractice,the doctor or medical provider
must have been negligent in someway -- meaning the doctor wasnot reasonably skillful orcompetent, and that incompetenceharmed the patient.
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Misdiagnosis and delayed diagnosis accountfor a large percentage of medical malpracticecomplaints. When a doctor misdiagnoses acondition (or fails to diagnose a seriousdisease for some time), the patient might misstreatment opportunities that could have
prevented serious harm or even death.
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Does Signing A ConsentForm Waive Rights To
File A Lawsuit ForMedical Malpractice?
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Signing a consent form in and
of itself does not waive yourrights. It is possible that the
consent form does not containall of the relevant informationthat it should or it may have
been signed without adequateexplanation.
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Even if you signed a consent
form, you did not consent tosubstandard medical care. A
doctor`s failure to meet theacceptable standard of care is
not the same as consenting tothe normal risks of a procedure.
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Generally, a medical malpractice claimcan be brought against a licensed healthcare provider. This can include a person,corporation, facility or institutionlicensed by the state to provide healthcare or professional services, or anofficer, employee, or agent thereof actingin the course and scope of hisemployment.
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A claim can be brought against
physicians, dentists, nurses, therapists,technicians, hospitals, and pharmacists,among others. A physician commits
medical malpractice if he fails to act inthe same manner a reasonably prudent physician in the same field of medicine
would act under the samecircumstances.
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Nurses, therapists and other
health care providers, and thehospitals or clinics they work
for, can be held responsible fortheir failure to meet accepted
standards of care in their particular field.
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Medical negligence claims
against physicians employed atstate medical facilities are notconsidered to arise from theiremployment, but from theirindividual duties to their patients
so such actions are not subject togovernmental immunity.
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Neither a local public entity nor a public
employee acting within the scope of hisemployment is liable for injury arising fromdiagnosing or failing to diagnose that a personis afflicted with an illness or addiction;administration, with due care, of thetreatment prescribed for an illness oraddiction; or failure to admit a person to amedical facility operated or maintained by alocal public entity.
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Failure to Take the Medical History
A good diagnostic proceduredemands complete history.
The clinical history must be inrelation to the signs and
symptoms of the illnesspresented by the patients.
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Failure to Examine orFailure to make a Careful
and Adequate
Examination of Patient
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After history-taking, a physician
must examine his patient. A physician who fails to examine a patient or fails to make a properexamination in which a carefulone would have revealed the
existence of a specific diseasemay be held liable.
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Non-Referral of the Patient to aSpecialist
A physician may be held liable formalpractice if he knew he should
have known that the condition of thepatient is beyond his ability,knowledge and capacity to treat andreferral to another physician wouldbenefit the patient.
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To avoid the risk in theapplication of treatmentprocedure it is highlyrecommended to consult theprior physician of the previous
treatment applied.
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Non-Referral of Patient to a
Hospital with Equipmentsand Trained Personnel
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A physician must not only be
aware of his personal knowledgeand limitations but also of theproper equipments on hand inthe management of a patient.Good practice demands and
trained personnel are available.
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Failure to Diagnose Infections
If the failure is on account ofinability to make even acursory examination of thepatient, without any justifiable
reason, he may be held liablefor want of due care.
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Treatments Resulting into Addiction
The indiscriminate administration ofaddictive drugs by physicians is a violation ofDangerous Drugs Act.
As long as the drug is used as a standard,approved and accepted remedy for thepatients illness and as long as the properdosage is followed, it is unlikely that aphysician will be found liable.
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Telephone Orders
The best interest of the of thepatient, physician and nurse isserved if the physicians orderis in writing.
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Experimental Treatments
Awareness and consent of thepatient.
The physician to perform theexperimental treatment must becapable to perform the innovativetechnique.
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PPLIC BLE C SES
RAMOS VS. CA
PROFESSIONAL SERVICES INC.VS. AGANA
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