BEHAVIORAL SCIENCES - Universitatea de Medicină şi Farmacie

health care facilities, pharmaceutical companies, and others that provide
health care services. Common types of medical malpractice, including bad
diagnosis, sub-standard care, lack of "informed consent", as well as breach
of doctor-patient confidentiality. Cases of medical malpractice usaly are
brought in court.
When someone considers that was injured in medical care context
he addresses to lawsuit, whose goal to pay him back if a doctor injures
him. For a successful medical malpractice claim a plaintiff must establish
the elements of the tort of negligence. These are as follow:
1.A duty was owed: a legal duty exists whenever a hospital or health
care provider undertakes care or treatment of a patient.
2.A duty was breached: the provider failed to conform to the
relevant standard of care. The standard of care is proved by expert
testimony or by obvious errors.
3.The breach caused an injury: The breach of duty was a proximate
cause of the injury.
4.Damages: Without damages (losses which may be pecuniary or
emotional), there is no basis for a claim, regardless of whether the medical
provider was negligent. Likewise, damages can occur without negligence,
for example, when someone dies from a fatal disease.
The plaintiff's damages may include compensatory and punitive
damages. Compensatory damages are both economic and non-economic.
Economic damages include financial losses such as lost wages (sometimes
called lost earning capacity), medical expenses and life care expenses.
These damages may be assessed for past and future losses. Non-economic
damages are assessed for the injury itself: physical and psychological
harm, such as loss of vision, loss of a limb or organ, the reduced
enjoyment of life due to a disability or loss of a loved one, severe pain and
emotional distress. Punitive damages are only awarded in the event of
wanton and reckless conduct. Malpractice lawsuits are time consuming
and costly for doctors, even if the doctor is insured or wins the case. Thus,
medical professionals are required to maintain professional liability
insurance to offset the risk and costs of lawsuits based on medical
malpractice. The fear of malpractice is meant to keep doctors from making
medical mistakes and from acting carelessly. In this way, the law can
control the quality of health care. Malpractice puts the responsibility on
doctors to act in a way that will not result in an injury to you. If doctors are
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