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When prescribing drugs to treat a patient, a physician is expected to use the same standard of care and skill that is normally possessed and exercised under the same circumstances by physicians in good standing in the same or similar locations. In most cases, a doctor is liable for injuries to a patient resulting from the administration of the wrong drug. Some courts have found that the manufacturers' inserts containing use recommendations are prima facie evidence of the standard of care to be followed by physicians in using the medication, but other courts have concluded that this information from manufacturers is admissible only as some evidence as to the standard of care, not rising to the level of prima facie evidence.

Discovery Techniques in Medical Malpractice Cases

The Privacy of Your Medical Records

Although some courts have found that the concept of medical malpractice does not apply to veterinarians, many have concluded that the concepts of professional negligence apply based on the conduct of a veterinarian in the performance of his/her professional services. The practice of veterinary medicine, like the practices of medicine and law, require specialized education, knowledge, and skills, and veterinarians have a duty to use their skills in the same manner that would be ordinarily expected of other careful, skillful veterinarians either in the locality or in the more extended community.

Failure to Diagnose Ectopic Pregnancy