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Re: opportunityknocking post# 21643

Thursday, 08/13/2009 9:15:53 AM

Thursday, August 13, 2009 9:15:53 AM

Post# of 30387
Opportunity, those were not my conditions of malpractice, that is from a website on malpractice.

In a nutshell, if a doctor does not follow the standard of care, then he is open to liability. If RECAF is not a standard of care, he has no liability in not giving the test. If RECAF is not a standard of care and the doctor gives a RECAF test and further procedures result in harm to the patient, then the doctor would be open to laibility.

Doctors must follow the standard of care and usually, if insurance covers the procedure, it would be considered a standard of care.


Negligence

Most medical malpractice cases proceed under the theory that a medical professional was negligent in treating the patient. To establish medical negligence, an injured patient, the plaintiff, must prove:

* The existence of a duty owed by the health care professional to the plaintiff (for example, a doctor/patient relationship)
* The applicable standard of care, and the health care professional's deviation from that standard, which is deemed a breach of the duty owed to the patient
* A causal connection between the health care professional's deviation from the standard of care and the patient's injury
* Injury or harm to the patient
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