Medical negligence or medical malpractice follows from the oft quoted principle of negligence under tort law. Medical malpractice refers to any act or omission on part of the doctor or any other medical practitioner that causes injury to the patient. Under Connecticut personal injury laws, medical negligence is subject to strict regulations.
Noted comedian Joan Rivers recently died when she suffered a massive coronary attack while going through a routine endoscopy procedure. Investigations relating to the death revealed that the 81-year-old Rivers’ oxygen supply was discontinued while under the procedure. The victim’s daughter has lodged a wrongful death lawsuit alleging medical malpractice by the medical practitioners. During the routine procedure, Rivers had also undergone a biopsy. It was alleged that it was during the second procedure that the comedian suffered a fatal coronary attack.
One of the major points on contention in the present case lies in the tort law principle of reasonable foreseeability. Under this principle, the victim or the victim’s family has to prove that not only was the injury caused due to the medical negligence, but that the injury must also have been to the degree where one can reasonably foresee such injury as a consequence of the negligence.
Medical malpractice may be hard to prove. The onus of proof lies on the victim or his family. Thus, one may need help in order to traverse the complicated legal jargon and technicalities in order to get justice for the victim and his family. With the right help, people may be able to receive compensation for the actions of a negligent medical professional.
Source: NYDailyNews.com, “Joan Rivers’ daughter to file lawsuit against Yorkville Endoscopy, clinic where comic had fateful procedure: sources,” Barbara Ross and Dareh Gregorian, Oct. 28, 2014