Monday, March 16, 2015

Rooted in Malpractice v. Simple Negligence

Medical malpractice and simple negligence have different sets of rules.  On medical malpractice, there are certain notice requirements, needs for expert testimony, and various other things.  With simple negligence, no pre-suit notice is normally needed.  However, the safest course is that anything potentially rooted in medical malpractice, pre-suit notice is needed.  Think about this, nurse mops floor in patient room causing patient to fall.  Simple negligence or malpractice?  Malpractice is the safest course.  There are essentially regulations for everything in the medical context.  There are also potential issues in this scenario of whether restraints were proper and whether further precautions were potentially necessary such as proper monitoring. 

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