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Should There Be a Separate Law for A Specific Malpractice Medical Case?



There has been great controversy on the law and its application with regard to any specific malpractice medical case. The general laws are sometimes too general to do justice to the particularity of specific medical cases. Due to this failure, the doctors who actually commit malpractice escape through the loopholes that the general law permits them.

It has long been debated that a specific malpractice medical case should be tried by a special type of court where the judge and jury should be sufficiently knowledgeable on the technical and non-technical factors of that type of medical case. For example, a cancer medical malpractice case should be treated as a specific malpractice medical case in the court of law so it can be easier for the law to take its course.

Can a specific malpractice medical case help the claimant win faster?

Theoretically speaking, a specific malpractice medical case filed as such can indeed focus the law on the specific factors better than general law. However, this is really theoretical. In reality, the challenge of proving the malpractice lies with the claimant. The doctor is considered as innocent until proven guilty. The proof is not usually easy to get since the doctors and the medical care facility will most of time become hostile when a law suit is involved. This makes it extremely difficult for the claimant to put together the required information and technical data that the suit requires.

In theory a specific malpractice medical case filed in a specific court will make it easier for the claimant to put up his/her problem because the court and jury would be sensitized and knowledgeable on that particular type of case. In reality this is not really possible because the specific malpractice medical case is actually a misdemeanor. Each case is special by itself and it will not be possible to have such specialized courts that can cover all the facets of the medical malpractice cases that can take place in day-to-day life.

A specific malpractice medical case can be helpful only when there are extremely rare circumstances - but then when the case is rare it will be treated as such without being assigned as a specific malpractice medical case by name. As long as he burden of proof lies on the claimant, who is a lay person, no measure will actually be of help.

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