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Medical
Malpractice and Negligence
Medical malpractice, or more appropriately, medical negligence is that type of claim which a victim has available to him or her to pay for a wrong committed by a doctor or other medical professional which has caused bodily harm.
Medical malpractice is much more than the physician or other health care provider making a simple mistake. Malpractice occurs when the health care provider does something that other good doctors would have not done or else fails to do something other good physicians would have done .
In order to bring a malpractice case to trial, it is necessary to have expert testimony describe what was done wrong and how it could have and should have been avoided. Good reliable experts are expensive and difficult to find. Often, doctors in the community won't testify against one of their own colleagues and out of town doctors have to be brought in to testify.
When the victim does win, the amount that a victim can obtain is severely limited by legislation which was passed under heavy lobbying by the insurance industry and medical community.
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