Medical negligence occurs when a physician fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient. Obviously the physician cannot be responsible for the original underlying medical problem. The negligence in medical malpractice cases can occur in a variety of situations. If your child has cerebral palsy or some other birth injury such as Erb's palsy or brain damage, then find out why it happened.
Many people believe that the injury is just a birth defect.
Often this birth defect was caused because the child was deprived of oxygen at some point during the pregnancy. Many times this could have been prevented. According to extrapolations from the Harvard Medical Practice Study, more than 95,000 Americans die each year due in part to medical malpractice and hundreds of thousands of others are injured. Obviously, there are cost benefits to the plan member as well as the provider under this managed care system. However, simply because the practice of medicine has necessarily become more concerned with the costs associated with treatment, this should not mean that those considerations can legally be allowed to affect treatment regimes when to do so would adversely affect patients' health.