Thursday, January 27, 2011

Is it medical malpractice when the equipment or supplies are defective?

Medical malpractice? “Would you consdier it medical malpractice to leave a patient in unearthly pain for 16 out of 18 hours? Maybe. The hospital has a duty to their patients to provide them with the proper care. It’s evident they did not check the pain pump for one such lady. Medical malpractice to use defective equipment? Possibly. It is the hospitals responsibility to use equipment in good working order,” this Dr said. “Additionally, with defective medical equipment and devices, some states have charitable immunity laws which protect/insulate hospitals from liability. This is something that needs to be looked into with every defective equipment claim.”

Generally speaking, it must be shown that
1. a significant injury occurred to the patient,
2. the doctor or hospital staff performed in a way that was not up to the standard of care expected from such a medical professional, AND
3. the lack of care or medical mistake directly caused the injury suffered by the patient.

House never cares about medical malpractice
This case is like a surgeon using a defective hip replacement implant. When it gives out, the patient may sue for medical malpractice, as the surgeon should have known the implant was defective. It is a situation that needs to be taken to a New Hampshire injury lawyer to find out what legal rights are applicable, what may be done to recover or mitigate expenses and whether or not med mal is present.

“There are instances where a bad outcome with a doctor is not the result of medical malpractice. There are also many instances where a plaintiff does not want to sue the doctor, but is okay with suing the maker of the medical product that failed. This gives the victim another option to recover compensation for their injuries,”

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