We often talk about a medical error when we should rather speak of medical malpractice because any error does not allow to engage the responsibility of a health professional. Still, this error must be faulty. The medical error is one of the main conditions for the liability of a doctor or a health facility, with the exception of some specific exceptions provided for by the law, for which a fault is not necessary for engage the responsibility. Damages resulting from defective health products. Hire a Philadelphia medical malpractice lawyer. Damage resulting from compulsory vaccination, Nosocomial infections … Medical error is bad practice in the art of medicine
The doctor is bound, in the exercise of his art, of an obligation of means and not of a result; which means that he is not obliged to cure patients but to use all the means at his disposal to reach this goal.
A single mistake is not enough to engage the responsibility of a health professional, it is also necessary that he has committed a fault, that is to say, that he has not in the exercise of his art to deliver to patients “attentive, conscientious care in accordance with the acquired data of science”. Thus, in the case of misdiagnosis, the mere fact that the practitioner has been wrong in the diagnosis will not engage liability. It will be necessary that this error results from a fault on his part. For example, it will be a shortage in the prescription or the completion of all the necessary examinations that would have allowed him to establish a correct diagnosis. Medical malpractice law firm Philadelphia from Lowenthal & Abrams, PC.
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