| Mitigation of Damages in Medical Malpractice Cases |
| In most tort cases, an injured party is not permitted to just sit back and do nothing to improve his or her own condition following an injury. The same is true in medical malpractice cases. A patient who is injured as the result of the negligence of a professional healthcare provider has an obligation to take reasonable steps to minimize his damages. He will not be entitled to recover for any damages that could have been avoided by reasonable care. More... |
| Unnecessary Surgery |
| Unnecessary SurgeryMore... |
| Informed Consent |
| Informed ConsentMore... |
| Charitable Immunity for Nonprofit Hospitals |
| Immunity from Malpractice Liability for Nonprofit HospitalsMore... |
| Claims for Breach of Contract |
| Generally, most medical malpractice cases are tort actions based on the existence of a physician's duty to a patient, a breach of that duty, and injury to the patient as a result of the breach. Most healthcare providers do not promise a cure nor guarantee the best possible result. However, an individual physician may open him or herself up to a breach of contract action based on the provision of medical services resulting from a bad medical result if the physician has bound himself to cure the patient or to obtain specific results.More... |
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Helping injury victims for over 25 years. Medical Malpractice Newsletter
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