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Medical malpractice law is an area of law which has been rewritten in several states over the years. There has been greater awareness about the various aspects of health care law. First, there is an informed consent agreement that every person seeking medical treatment signs when accepting the risks associated with any and all medical procedures. Then, there are risks associated with drugs which pharmacists are responsible to educate consumers about.
However, there is a marked difference between a known risk of a drug and a risk that is not identified by the drug or medical device manufacturer. These types of situations do not allow consumers to make a well-educated decision. In these cases, the drug or medical device may be recalled, often years after FDA approval, and only following reports of serious injury.
Medical malpractice resulting from negligence is a reason for a valid medical malpractice lawsuit. There is a marked difference between negligence vs. a risk that does result in a complication which cannot be prevented. The most appropriate types of negligence that apply to these legal cases, include:
Medication errors have been growing area of concern with 1.5 million cases in 2006, of which 400,000 occurred in hospitals, 800,000 long term care, and 530,000 outpatient Medicare clinics, according to the Institute of Medicine. The following outlines some of the most serious medication errors.
Generally speaking, the validity of a medical malpractice claim depends upon the seriousness of the case. Typically, medical malpractice cases involving a life threatening illness or consequential deformity resulting in permanent injury are valid legal cases to present to the court.
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