| Physician's Duty of Care |
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| The special relationship between a doctor and his or her patient is one of trust, confidence, and extreme good faith, and it creates a fiduciary duty towards the patient. However, even when an injured patient is able to prove the existence of a duty, he must also show that it was the physician's breach of that duty that was the proximate cause of the patient's injury. The breach of a duty alone is generally not sufficient to sustain a medical malpractice action.More... |
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| Pathologist as an Expert Witness in a Medical Malpractice Case |
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| In preparing certain types of medical malpractice cases, the use of a good pathologist as an expert witness can help the jury to understand the complex medical issues underlying the patient's injury. However, before an attorney picks a pathologist to testify, he or she should understand the medical specialty of pathology.
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| Municipal Hospital Tort Immunity |
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| Municipal Hospital Tort ImmunityMore... |
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| Use of Binding Arbitration Clauses in Nursing Home Patient Contracts |
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| Use of Binding Arbitration Clauses in Nursing Home Patient ContractsMore... |
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| Obtaining Substance Abuse Records in Medical Malpractice Cases |
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| If you are a plaintiff in a medical malpractice action, you might be seeking information on the issue of whether or not the physician who treated you had a substance abuse problem that might have contributed to his or her claimed negligence. If you are a physician who is the object of a medical malpractice action, you might be looking for information on whether the patient's injury was the result of his or her own drug problem. Whatever, the reason, it is not uncommon for one or both parties to try to obtain substance abuse records.More... |
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Matan, Wright & Noble
