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Gold Seeker

08/13/09 9:15 AM

#21645 RE: opportunityknocking #21643

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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Rich1234

08/13/09 9:23 AM

#21646 RE: opportunityknocking #21643

Not too many years ago, doctors and the medical field tell people to check for cancer signs themselves, as medical diagnostics for cancer were not as well developed as today. The medical establishment use to show pictures of how women should check for lumps, and how people should be on the look out for signs like chronic coughing. Medicine do more diagnostics now like colonoscopy, mammograms and the like, but medicine still has severe limits on how effective that can catch cancer early. A lot of it has to deal with costs like insurance companies are not going to pay for PET Scans which can catch almost all types of solid cancers at better than pea size. In view that it is still ultimately up to the individual to monitor for cancer, the medical establishment should allow the individual to use diagnostics themselves. The FDA should lay off, unless it can promise to be able to do it all in checking for cancer.