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When a patient is injured by the negligence of a healthcare provider, his or her injuries may not be limited by the aches, pains, or physical deformities caused by the medical malpractice. Many courts now allow these plaintiffs to recover for the loss of enjoyment of life, which often occurs as the result of a permanent injury. What is the scope of damages for the loss of enjoyment of life, or hedonic damages? These awards compensate the injured patient for the loss of his or her former recreational, family, social, or career pursuits as well as the patient's future inability to perform elementary physical and intellectual tasks taken for granted by most people.
Most malpractice claims arising from the treatment of the eyes result from four basic areas: failure to diagnose a foreign body in the eye; failure to diagnose a disease of the eye like glaucoma; failure to diagnose a medical condition that is outside of the eye but that causes symptoms in the eye; and poor results from cosmetic eye surgery.
Duty of Mental Health Professionals to Warn Third Parties of Threats by Patients
Physician's Duty to Warn of Drug Risks
In the past, the courts of many states concluded that private charitable hospitals were not liable for the tortious conduct of their doctors and nurses. The principal reasons given in defense of this blanket immunity included: