Question

Part B:. Many cases involve medical malpractice taking place after a plaintiff has suffered an injury due to defendant's neligence. See for example, Weems v. HY-VEE Food Stores, Inc. at 526 N.W. 2d 571 (Iowa App, 1994). What is the eneral rulewith regard to whether or not medical treatment sought by injured party is considered a normal consequence of the tortfeasor's conduct, making the tortfeasor's conduct, making the tortfeasor's liable for the medical malpractice? What is the exception to this rule when an " intervening act turn into a superseding cause?

Answer 1

Medical malpractice occurs when a healthcare professional (such as a nurse, doctor, technician, physician, medical assistant, etc.) does something, fails to warn patient, doesn’t do something, or makes a mistake in or diagnosis or treatment that results to an injury. Moreover it was due to the low standard of care. The “standard of care” refers what other prudent and careful medical providers in a same community would have done under same circumstances. Also, negligence or negligent treatment must have caused an injury to the patient; an outcome which is unsatisfactory does not qualify as negligent therapy or medical negligence.

In order for the medical treatment to be a superseding cause, it should be extraordinarily bad which means a gross negligence; it is reasonably foreseeable for medical negligent treatment. Thus it is superseding only if highly extraordinary as to be outside realm of normal standard