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Medical Negligence Law, Development and its Provisions & Variation from State to State in USA By Boston Merry

  in Medicines and Remedies | Published 2013-10-23 00:09:15 | 142 Reads | Unrated


This article is written about the medical negligence claim in United States, their formation of laws, developments and varies from State to State.

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This article is written about the medical negligence claim in United States, their formation of laws, developments and varies from State to State.

Most of the countries of the world have adopted the medical negligence law under the authority of the state or the country. But in United States, all the states have managed their medical negligence law according to their convenience. They have introduced different provisions for provision of compensation to the medically neglected people. The patients have to file the compensation claims in the court for the sufferings and pains. The patients will have to prove the claim for the injury and damage they suffer during their treatment in hospitals or clinics. The patients have to file the medical negligence claim in the court within time limitation, which they call it ‘statute of limitation’. This time limitation is different in all States according to their own medical malpractice laws.  

After filing of medical negligence claim in the court, the patient has to prove and after this, the court orders for the calculation of the compensation amount keeping in view all damages including the financial loss of income and future expected expenditures being incurred on the treatment of the patient. In about all of the States, the doctors and physicians have proper medical negligence insurance cover for their protection with the aim to provide help with insurance amount in case of facing the medical negligence claims in the courts. During the 19th century, present medical malpractice or negligence law was introduced with English common law. This law was enforced in some regions of UK like Wales and England and after some time, this malpractice law was governed in United States also.

With the decisions of courts from time to time, many developments were made in this law with the purpose to enhance its capability and potential cover to the patients in case of medical negligence being conducted by the doctors or physicians. In USA, the medical malpractice was made better with the decisions of the courts of the states so every state has its own provisions in the medical malpractice laws for the convenience of their people as well as solicitors to prove the medical negligence claims in the court.


In United States, filing of medical negligence claim in the court is basic right of the common citizen of the State. The patients should have to contact with the expert legal solicitors, who can guide them in the right direction and provide all necessary documents to prove their compensation claim in their court. The legal solicitors also support them with the legal formalities to lodge the medical negligence claim in the court. The patients can also claim for the compensation of the amount with the advice of their lawyers keeping in view all their expenses and the expected expenses being spent in future and the loss of financial income as the patients become disable or paralyze. The doctors have to prove their innocence in the court for their negligence.



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