March 26, 2015
when the negligence or deviation from standard happens that is of a kind that may be easily assessed by the lay person,is it a negligence or deviation that does not need an expert assistance? Does one need to claim it as simple negligence then and not a medical malpractice? It was claimed as med mal but later it looks like it is more of the ordinary negligence,Who has authority to decide whether the claim is more of deviation from the standard than of negligence? The judge? Just because there is no expert to be found,it does not mean there was no negligence and it is evident from the facts. Does the claim need to be changed to reclaim it as negligence per se or pure negligence instead of med mal? Is it serious mistake to claim it as med mal ? Does it really need an amendment then?
The difference between claiming something and proving it is really important.
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