Medical Court Cases, Compensation, and Caps on Non-economic Losses in Healthcare

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There exist a broad array of factors that determine the course of a medical related case. Aside from proving beyond reasonable doubt, one must. Physician-patient relationship; two, deviation from a medical standard of care; three, causation; lastly, injury. Each of thse factors are determined differently by courts. It is true that exists several cases that can be challgned legally involving medical practitioners and patients. Even though the current model for medical malpractice in America denotes an adversarial relationship between physicians and patients it does not have to be that way because these are two individuals who may not be having anything against each other. If a physician is involved in a conduct that does not reflect the expected standards of practice then they are supposed to be treated as an isolated case. Even as there are laws that guide practice, patients and physicians do not have to be bitter enemies whenever a mistake occurs on the side of the physician.
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I found this statement, “Not only is this an oversimplification of the litigation process, but it is also patently incorrect. Many states, including New Jersey, have implemented hurdles in the path of medical malpractice litigation that prevent a case from ever seeing a courtroom unless physicians, through an Affidavit of Merit and through expert testimony, have concurred that negligence by the defendant caused the injury. N.J.S.A. 2A:53A-27 et seq” critical in the discussion of merits of court cases involving physicians and patients. One thing that needs to be understood is that physicians and nurses are not conspirators of silence as many would like to put it. instead, these individuals, through their attorney are simply looking for ways to solve thieir challenges amicably and avoid situati...