What are the basics of Medical Malpractice Injury Laws

What are the basics of Medical Malpractice Injury Laws is a post from: https://www.personalinjurylawyercalgaryinc.ca/

Personal injury law states that an injured person can file a suit in civil court and get legal damages for all the loses they suffered as a result of the accident. A person will be compensated financially due to the negligence or carelessness of someone else.

Basics

• Accidents: This happens when the negligence of another causes harm to someone. An example of this would be a car accident, medical malpractice, or slip and fall.
• Intentional Acts: This happens when a person means to cause harm to another. This includes assault.
• Defective Products: This happens when a person is injured by a product that does not work properly. This includes many liability claims.
• Defamation: When a person harms another person’s reputation intentionally.

Who Makes the Law?

Many of the new laws date back to legislation passed in older time. A judge listens to a case and comes to a decision that the law was or was not followed. This law comes from something called Restatement of Torts which is a reference book for states to use to determine their personal injury laws. They need to look at the statutory law and the statue of limitations as well.

How Does Personal Injury Law Work?

No two cases are the same. There are some standard procedures for cases to follow.

• The Plaintiff is Injured by the Defendant: This is any injury except breaking of a contract which is handled by contract laws.
• Plaintiff Feels Defendant Broke Their Legal Duty: This will vary based on the situation. An example of this will drivers. They have a duty to drive safely. If they run a red light and hit someone they were neglectful in their duty. Medical malpractice is also considered to be a breach of duty.
• Settlement: If the defendant is found to be a fault a settlement is decided. This involved monetary compensation to the injured person.

If the plaintiff agrees to the settlement the case is done. In not they may appeal in a personal injury lawsuit and go to court to try to get a more fair settlement as they see fit.