QWhat is Medical Malpractice?
A Medical malpractice refers to the negligent acts of a medical provider. This can include doctors, nurses, dentists, caregivers and any health related professionals. A claim for medical malpractice may assert that a caregiver failed to act in a way that another caregiver would have acted in the same or similar circumstances. For example, a surgeon may erroneously operate on the left leg of a patient instead of the right leg. In this case, that surgeon failed to act like a reasonably competent surgeon in the same or similar+ circumstance.
QWhat is an Implied Warranty of Merchantability?
A In each and every sale between a merchant and a customer, there exists an implied warranty of merchantability. This means that the goods purchased will be up to standard for their intended use. A simple example might be if you purchase a hair dryer and the first time you turn it on, the heating element fails and only cold air blows from the appliance, then the warranty has been breached. However, problems that occur after the sale don’t prove the seller breached the warranty of merchantability. There may have been a defect that existed at the time of sale. Therefore, the seller’s liability is judged on a case-by-case basis.
QWhat is Arbitration?
A Arbitration is referral of a dispute to one or more impartial persons for final resolution of an issue. The goal is to produce a quick, practical and economical settlement between parties. During arbitration, the parties state their cases and opinions of the dispute, offer up any evidence available and agree to allow the impartial arbitrator to make a decision intended to end the dispute. Many individuals fear the high cost of bringing a case to court and find that arbitration is a much less costly way of settling disputes.
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