What to do If Your Are injured Due to a Medical Malpractice

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The doctors that swear by giving the best to save a person’s life can sometimes be the sole proprietors that end up hurting you. Even if it an accident on their side, an injury caused by malpractice of a medical practitioner is still an injury that can leave you in a distressed state for life. For which you need to stand up and fight for your rights. Get the reimbursement you’re entitled to and receive better treatment for yourself.

The process of claiming malpractice by a doctor in the USA may be lengthy and challenging, for which hiring a lawyer may be your best bet. You need to gather all your courage and be ready to face any counterattacks by the practitioner by these tips.

The Claims You Can Present to the Court

The process of the court administering the claims by you about your practitioner may be complicated and needs several proofs in order to rule the other party guilty of it. Four things come into placing a claim with the courts. First, you need to present to the authorities that you actually had a relationship with the doctor who was treating you. This can be done through documents you had received by the doctor on your appointments. So be sure to take extra care of them.

Second, you will be asked the most basic question from the court that if the doctor was in fact neglecting or not? To prove this, they will supply you with a professional with the same background as your previous doctor. If it is ruled out, the practice was neglecting you can proceed.

Then comes time for you to prove that the damage you received was caused by the malpractice of the doctor and wasn’t present priorly. Again you’ll have to take help from a practitioner to rule it out.

Lastly, you will need to provide proof that the malpractice caused you to end up with a severe injury that the doctor can be sued for.

Some Requirements for a Case

Bring in your symptoms soon to the court after getting them. It’ll be believable for them and have them start the process earlier. If a case is brought any later than two years, then the court will not be responsible for it. Prepare and bring with you an authority that can defend you in court with their experience. The court will make a panel to rule out your claim for which you need to be ready and present your proof systematically.

When Can You Bring a Doctor to court?

 You have the right to make a claim on a medical practitioner if you have been mistreated. But before you do find out that your claim is reasonable and has the power to be backed by the court. Hire a notable attorney from sites like https://HarrisPersonalInjury.com/san-diego/ and take their help for ruling out which claims apply and which don’t. If you were wrongly diagnosed and ended up getting hurt from that treatment, you have a chance of winning the suit. If you were treated using the wrong tools and implements a procedure wrongly or negligently and if you the doctor, didn’t provide you any feedback on the care of your procedure and the possible side effects, you can sue.

But make sure that the symptoms of the malpractice are one the following:

  • Physical Pain
  • Mental Illness
  • Loss of funds due to repeating of procedure

February 18, 2020 · Editorial Team · Comments Closed
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What to look for when hiring a medical malpractice lawyer

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Medical negligence is a problem, across the world. People are fallible. Even experienced medical practitioners can make errors that lead to their patients suffering from lifelong health issues. Then there are medical firms who release products that, in the end, do more harm than good to a significant percentage of patients. The issues with surgical mesh products are just one recent example. 

So, it is not really surprising that so many people end up filing a malpractice lawsuit. In the USA alone, on average 17,000 medical malpractice lawsuits are filed every year.

Why hiring a good lawyer is so vital

For those who believe they have been a victim of medical negligence, suing is a time-consuming and draining process. So, the last thing they want is to end up losing their case.

Relevant experience is essential

Hiring a good medical malpractice lawyer is the best way of avoiding this outcome. Only someone with the right level of experience can fully understand the ins and outs of a case and come up with compelling enough arguments. 

The more relevant the better

The more relevant their experience is to someone’s situation the more likely it is that they will be able to do this. For example, if you had surgical mesh implanted to repair a hernia or prolapsed organs and are now in pain because of it, look for a lawyer who has dealt with these cases before.

They will already have an in-depth understanding of the various types of surgical mesh that are available. Importantly, they will also be familiar with how they should be used and the issues that have arisen with each of the different types. 

A lawyer like this has already found expert witnesses they can turn to in order to bolster and prove your case. They can, therefore, proceed with your case at a much faster pace and are more likely to win it for you.

Check their qualifications

Before hiring any type of lawyer, you should go to the bar association website and check their qualifications. Surprisingly, an awful lot of people do not do this. As a result, some of them end up being represented by a fake lawyer. This article explains how to avoid getting caught out in this way.

Speak to the lawyer face-to-face before hiring them

Before signing on the dotted line, it is wise to meet the person who is going to represent you. Potentially, this could be done via a video chat. But, usually, it is better to meet him or her face-to-face. In this scenario, it will be much easier for you to pick up on their body language. This will help you to be sure that you feel comfortable with them. 

Lawsuits take time. They are complicated and there are several steps that you have to go through, where you will be working closely with your lawyer. So, you need to be sure that you like them and can communicate with them effectively. Above all else, you need to feel that you can trust them. The best way to determine if they are right for you is to meet them face to face.

November 18, 2019 · Editorial Team · Comments Closed
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Why and how to hire a specialist medical lawyer

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If you are suffering from a medical condition that has been caused by the negligence of others, there is a good chance that you could qualify for compensation. However, you do need to be careful to hire the right lawyer in the USA.

It does not matter whether you are involved in a mesothelioma cancer lawsuit or a vaping-related case you need the best possible legal counsel. This short guide will ensure that is exactly what you get.

Two reasons hiring a medical lawyer usually makes sense

Technically, it is possible to file a claim against a company or another person without the help of a lawyer. But, in reality, the chances of your claim succeeding are very slim indeed.

Even if the other party did agree that they were at fault, they are highly unlikely to say so. They may agree to make a deal with you. But, the level of compensation they will be willing to pay out is likely to be very low. A properly qualified and experienced medical case lawyer will almost certainly secure a far bigger payout for you.

If you are ill, you also need to think about whether you will have the strength to see your case through. Leaving things to a good lawyer enables you to focus all of your emotional and physical reserves on taking care of your health. This will help you to live as full a life as possible.

Hiring the right one for your case

Once you have decided that you do need a lawyer, it is important to spend a bit of time finding the right one for the job. It is rarely a good idea to go out and hire the first one you find. Here are a few things you need to find out and take into account before making your final decision.

How relevant their experience is to your case

Medical compensation cases are very complicated. Proving that your disease or condition came about as a result of someone’s negligent behavior is rarely easy. If there is any chance that your health issues developed naturally this will be used against you.

So, you need a lawyer who has experience of securing compensation for people with your medical issues. The more experienced they are the better things are likely to go for you. A lawyer who has dealt with medical cases before will easily be able to find expert witnesses, people whose testimony will bolster your case.

The right qualifications

Regardless, of what type of lawyer you are planning to hire you should always check that they are qualified. The best way to do this is to visit the bar association website for the relevant jurisdiction. This list will help you to do that.

Hire someone you feel comfortable with

It is also important to hire someone that you feel happy dealing with. Having a good working relationship with your lawyer will really help your case.

Hiring the right lawyer means you can relax and let them handle most of the stress. So, it is best not to rush the hiring process. Speak to several lawyers before you decide which one to use.

November 8, 2019 · Editorial Team · Comments Closed
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Newham London Borough Council v Arboleda-Quiceno QBD (Lambert J) 31/07/2019

In 2015, the Claimant injured his knee whilst playing football on an AstroTurf pitch in the local authority’s recreational grounds. He alleged in a pre-action letter that the injury had occurred due to a hole in the AstroTurf, and that the Defendant had breached its duty of care by inadequate inspection and maintenance of the pitches. The Claimant’s injuries included a fractured tibia and ongoing pain. It was stated that the Claimant required an arthroscopy and further investigation. The estimated value was in excess of £50,000. The Defendant’s insurer corresponded with the Claimant, and admitted liability. In 2018, particulars of claim and a schedule of loss were filed, claiming nearly £3 million due to chronic pain, unemployment, ongoing disability and the potential need for future surgery. The local authority applied to withdraw the admission, and denied liability on the basis that the claim was fundamentally dishonest. It was alleged that the Claimant had jumped and landed awkwardly, and that the accident had happened on a different pitch from the one alleged by the Claimant.

The Master considered the application on the papers, and applied the factors set out in CPR PD 14 para 7.2. She found that prejudice to the Claimant and the interests of the administration of justice supported a rejection of the application for withdrawal. She also found that whilst the local authority’s defence of fundamental dishonesty had a realistic prospect of success, the evidence supporting it was weak and contained inconsistencies. Further, she found that the Claimant’s claim had not fundamentally changed since the pre-action letter. It was not different in size or character, notwithstanding the amount claim being increased. On this basis the Master refused the Defendant permission to withdraw the pre-action admission by its insurer. The Defendant appealed.

October 10, 2019 · Editorial Team · Comments Closed
Posted in: Cases

Cerebral Palsy: Knowing your Legal Rights

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Cerebral palsy has a significant impact on a person throughout their life. And without proper legal rights, the harsh world would make it much more difficult for them to survive. However,the legislation that governs the rights of persons with cerebral palsy has crafted ways for them to be treated right under the law. They, increasingly, have more opportunities to live productively and participate in society. Knowing your legal rights, as a person living with cerebral palsy, will go a long way in making life more comfortable.

The Legal Rights

It is necessary to know and understand the legal rights that protect the interests of persons living with cerebral palsy. The Americans with Disabilities Act (ADA) grants rights to every  person  living with cerebral palsy to have equal opportunities to public accommodations, employment, transportation, state and local government services, and telecommunication.

Right to Public Accommodation

Public accommodations cover public, private, and nonprofit entities that own, lease or operate facilities like retail stores, restaurants, hotels, private schools, movie theatres. Others include conventional centers, homeless shelters, doctors’ office, transportation depots, daycare centers and recreation facilities. Right to public accommodation according to ADA requirements, means that persons living with cerebral palsy have the right to enjoy all the public facilities, activities, events, and more. That is, every public place should adjust to fit the needs of persons living with cerebral palsy whether it means installing a wheelchair ramp, bus lifts, or ability to access classrooms. Discriminating a person living with cerebral palsy to access any public amenities, participating in events and activities may lead to a lawsuit.

Right to State and Local Government activities

The ADA states that regardless of Federal funding or entity size, every person with cerebral palsy has the right to benefit from all activities, services, and programs. These include employment, public education, health care, recreation, courts, social services, town meetings, and voting. The local and state governments are required to follow the laid down architectural standards in every new construction and to alter older buildings, to accommodate the needs of persons  living with cerebral palsy. Additionally, they should communicate effectively to people with vision, hearing, and speech disabilities by making reasonable modifications, practices, policies, and procedures.

Right to Public Transportation

Public transportation covers public rail transit (commuter rails, subways, and Amtrak), and city buses. The public transportation authorities should not discriminate against people with cerebral palsy in providing safe and accommodating transport services.

They should have wheelchair accessibility on their open vehicles and ensure paratransit when operating a fixed-route rail and bus system. Paratransit service means picking and dropping individuals who cannot access conventional transit system independently due to mental or physical impairment.

Right to Education

The education rights of children with cerebral palsy require that every public school accommodate them without any discrimination. They should receive free and appropriate public education within the least restrictive environment that’s appropriate to cater to their individual needs.

Public schools are also required to develop Individualized Education Programs (IEPS) to fit the needs of every person  living with cerebral palsy.Each of the related services and special education on each child’s IEP should reflect their personalized needs. The Individualized Education Programs must be developed by knowledgeable persons and reviewed annually. The team should include the parents, the teacher, and an agency representative qualified to supervise and provide provisions of  special education. The child may be present, but only if it is determined to be appropriate, while any other representatives can be included at the discretion of the agency and the parent.

Right to Employment

For any employer with 15 or more employees, they should provide individuals with cerebral palsy, qualified to take a particular position, with employment. Additionally, they should be

provided with all the benefits and opportunities accorded to all the other employees.

For example, they should not be prohibited from promotion, pay, training, or social activities due to their disability. The employer is also required to make reasonable accommodation for such an individual, during the interview process. They should also restrain themselves from asking questions about the person’s disability before making a job offer.

Housing Rights

According to the Fair Housing Act, it is prohibited to deny an individual with cerebral palsy access to housing. The coverage includes local and States government housing, houses under Federal financial assistance, and private housing. Whether it is in the aspect of renting, buying, selling, or dwelling.  Discriminating against persons  living with cerebral palsy is unlawful. The law also covers housing financing, zoning practices, advertising, and even new construction designs.

Additionally, housing rights requires that the house owners provide facilities and make exceptional policies to accommodate people with cerebral palsy and give them equal housing opportunities. For example, a landlord who has a “no pets” policy may be required to grant an exception in the case of a service animal. The exception to such rules needs to allow persons  living with cerebral palsy to keep their guide dog. Rentals are also required to allow disabled people to have easy access to their buildings. Houses should have ramps, large and accessible doors, large use areas, big bathrooms, and kitchens to allow easy maneuvering of wheelchairs.

Air Carrier Access rights

The Air Carrier Access Act gives people with cerebral palsy the right to travel to any part of the world without discrimination. The act is both for local and foreign air carriers to provide and accommodate people with disabilities. The law requires that the airline assist persons  living with cerebral palsy when boarding, deplaning, and during transfers. However, it’s crucial to provide at least 48hours notice to the airline for them to facilitate accommodation, transport and respiratory services for their clients.

Health Care Rights

A person with cerebral palsy has right to non-discriminatory, community-based, and accessible health care services and coverage. Medicaid plans should provide community-based behavioral services to all disabled persons. The act also advocates for federal and state health care policies and ways that adhere to the needs of a disabled person, promoting stronger community integration.

Rights to Telecommunication Relay Services

A person living with cerebral palsy has a right to television and telephone access.The telephone companies are required to establish secure intrastate and interstate telecommunication relay services 24/7. Such relay services enable people with speech and hearing disability to communicate effectively with others through a third party communication assistant.

Federally funded service announcements, are required to have closed captioning.

The 1996 Telecommunication Act requires that manufacturers of telecommunication should have usable gadgets for persons living with disabilities. It ensures people with cerebral palsy enjoy services and products like pagers, cell phones, operator services, and call-waiting services.

Knowing your legal rights as a person  living with cerebral palsy goes a long way in making your life more comfortable and enjoyable. Learn more about your legal rights from government agencies, NGOs, and various organisations that advocate for the interests of persons with disabilities. Don’t be left behind, know your rights!

September 16, 2019 · Editorial Team · Comments Closed
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Buster Angus Stark v Tabitha Lyddon [2019] EWHC 2076 (QB)

On 29th August 2016, a road traffic accident occurred when the Defendant turned right, out of a car park, across the path of the Claimant’s motorcycle. The Claimant T-boned the Defendant’s car at the rear offside passenger door. The Claimant was thrown over the top of the car, and landed some way down the road, sustaining severe injuries to his right dominant arm, which removed all function in that arm.

It was agreed that cars exiting the car park had to give way to traffic established on the road, but were allowed to turn right from the exit. Some 130 metres from the car park exit, the speed limit on the road dropped from 40mph to 30mph. The Claimant had no memory of the accident, but had approached the scene in the eastbound lane. The Defendant’s account to the police on the day of the accident was that she had waited for traffic from her right to pass her at the exit, and had pulled out when “there was absolutely nothing” to her right. She then felt an impact behind her, almost at the rear seats. Her witness statement provided a similar, although more detailed, account.

CCTV footage of the collision showed the Defendant’s car slowing down to walking pace as she drove towards the exit. When she approached the Give Way lines, her brake lights came off and she accelerated gently and drove across the eastbound lane. The motorcycle, positioned in the centre of the road, came into view as the Defendant’s vehicle had reached the middle of the road. The Claimant then applied emergency braking, and the Defendant’s brake lights came on. The Defendant did not indicate her right turn at any point.

The parties’ accident reconstruction experts agreed on nearly all issues, including the following: the Defendant did not come to a halt or stop at the Give Way lines; the Defendant’s line of sight at the Give Way lines would have been 130 metres along the eastbound lane; her sightline when her vehicle was 2 metres from the Give Way lines was shortened to between 70 to 80 metres by a hedge; the Claimant’s speed at impact had been 55mph; had the Claimant been riding at 40mph, slowing down to 30mph as he passed the 30mph sign, he would have had sufficient time and distance to avoid the impact. There was also independent evidence from a motorcyclist who had observed the Claimant, to the effect that he was driving irresponsibly and far too fast.

September 15, 2019 · Editorial Team · Comments Closed
Posted in: Cases

Nursing Home Abuse is On the Rise

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Elder abuse is a heart wrenching issue—one that is unfortunately on the rise, even in our watchdog of a modern society.  Statistics have shown that nearly 5 million elders suffer from abuse each year with one study reporting 24% of nursing home residents experiencing at least one instance of physical abuse.  According to the Center for Disease Control and Prevention (CDC), “elder abuse is a significant public health problem” and 1 out of every 10 people age 60 and older experiences various forms of neglect and exploitation.

Nursing home abuse can manifest in numerous ways: physical abuse, the infliction of pain or injury; sexual abuse, inappropriate touching or sexual activity with an older adult who cannot consent, does not consent, is threatened, or forced; emotional abuse, verbal threats, harassment, and intimidation; confinement; passive neglect in which a caregiver fails to provide an elder with necessities; willful deprivation, denying an elder necessities outright; and financial exploitation, the abuse or withholding of the older adult’s resources.

The reality of nursing home abuse can be faced on a criminal level, and in fact, many states have implemented laws that penalize those who have victimized older adults.  For older adults who have faced abuse, their risk of death increases by 300% compared to those who have not been abused.  Because of these startling statistics, elder justice laws have been set in place, varying state by state, and there are attorneys who specialize in taking on these cases, seeking out justice for older adults who have experienced any type of nursing home abuse.

Warning signs can arise in older adults differently, depending on which form of nursing home abuse is inflicted.  Your loved one may demonstrated signs of nursing home neglect such as bedsores, poor hygiene, a change in emotional responsiveness and alertness, withdrawal, or becoming argumentative or terse.  Physical abuse can appear in the form of bruises, pressure marks, broken bones, or scrapes or abrasions, indicating clear signs of mistreatment or neglect.  Nursing home abuse can appear as financial abuse as well, when suddenly the older adult has unexpected changes in their finances or valuables.

Preventative steps can be taken, like seeking legal advice early on to ensure financial stability and protection, searching for a reputable nursing home with a qualified staff, and staying connected to trusted family members, the community, and friends. An attorney can also assist in establishing a living will, cementing your medical and health care decisions with legality, and be an extra pair of eyes to any documents or paperwork that require signing.

Nursing home abuse is an under reported issue plaguing our society, our loved ones, and as we age, it will eventually affect us as well.  According to the American Society on Aging in 2012, nearly 87% of Adult Protective Services (ASA) saw an increase of the number of reports and caseloads of elder abuse over the previous five years.  ASA also reports that the direct expense that amounts from financial exploitation of an older adult was estimated to be $2.9 billion in 2011, an astounding 12% increase from 2008.

At Aronberg, Aronberg, and Green, our team of experienced, seasoned attorneys have accomplished history in elder and nursing home abuse cases, ensuring that our clients and their loved ones see the justice they deserve.  We are finely tuned to the Florida laws on the types of elder and nursing home abuse, fortified with years of successful settlements, claims, and casework, and driven by a passion to find a meaningful conclusion for our clients’ and their loved ones’ difficult situations.

June 4, 2019 · Editorial Team · Comments Closed
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Top 3 Reasons Why You Need to Have a Motorcycle Attorney on Standby

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In this modern era, you are at liberty to use what pleases you when moving around. Technology has made a lot of things possible such as making high quality motorbikes. Motorbikes have become common due to their benefits. One of the major benefits is the fact they are convenient; this is according to thoughtco.com. Imagine if you could avoid being stuck in traffic for hours at a time, wouldn’t that be convenient? People with motorbikes find it very easy to go around traffic and arrive at their destination without wasting time on the road. Don’t forget that these modern motorcycles can also navigate through narrow roads which a car cannot. In addition, motorbikes have less fuel consumption. Basically, they are preferred by many due to their benefits. Despite their benefits, some motorcycles get involved in accidents from time to time. The accidents might result from careless driving or even from ignorance from other drivers. When such situations occur, you have to find a way to repair your motorbike. You need to understand that sometimes you might not be the one on the wrong. This means that the person who hit you should take responsibility. If by any chance they refuse, you might need to hire a motorbike accident attorney for the following reasons:

  1. Case evaluation

One of the first advantages you will enjoy once you have a motorcycle lawyer is that he or she is able to evaluate your case and come up with evidence to support it. He or she is there to give a different perspective. This is a perspective you might not be able to see until you have a third party. If you have the required evidence, then chances are you might win the case in court. Another important point you need to know is that the motorcycle accident lawyers have friends like detectives who are able to help him or her gather evidence that will favour your case.

  • Settlement

How many times have you heard of people settling their cases out of court? This has become a common thing because court cases take time to be processed. Sometimes, the person that you are suing might not have that patience, thus they would prefer to sit with you at the same table and come up with a permanent solution that will benefit the two of you. A motorcycle attorney is there to make sure that the settlement you agree to is fair considering the damages suffered. Sometimes, people can take advantage of you if you happen to show up without a lawyer.

  • Legal representation and complication of the law

The other good thing about having a motorcycle attorney is that he or she takes care of your court appearances. If anyone involved in the accident wishes to address you, he or she will have to go through your lawyer. Your lawyer will also be there to advise you on what to agree to and what not to agree. Your lawyer will always show up for emergency meetings that you are required to be present. Basically, you can continue with your daily life as the lawyer represents you legally. In addition, don’t forget how complicated the law is. It might require you to hire someone to just be interpreting it for you. To save yourself that hassle, just get yourself a motorcycle attorney.

January 28, 2019 · Editorial Team · Comments Closed
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What can result in a birth injury or medical malpractice case?

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There is nothing more delightful for parents than the birth of a child. It brings joy and happiness to the entire family. However, things can go wrong when the medical and healthcare providers become negligent during labor pain, pregnancy or even at the time of baby delivery. It can result in severe birth injuries that will affect both the child and parents in the long run.

Working it out legally

As a parent do you suspect that there has been a birth injury while your baby was born? Do you suspect that there was some negligence of the part of the healthcare provider? If yes, then it is essential for you to choose a lawyer from the best and ace malpractice Birth injury lawyers and fight the case legally. Though money can’t at all compensate a severe birth injury, but an ace lawyer can help you present your loss at the court and seek the required justice. These lawyers will help you explore every minute facts related to your medical case and options that you can attempt to appeal for justice and the deserved compensation.

Today, you can have access to legal firms that have a team of ace lawyers to present cases related to wrongful death, birth and personal injury as well. These lawyers work by having access to the correct medical records. Additionally, they have the legal expertise and experience that will help them to address your case better and arrive at an apt solution. 

The birth injury causes you need to know

Before you opt-in for a birth injury lawyer, it is essential for you to be aware of the causes that result in a birth injury. Some of the essential reasons are as follows:

  • Inappropriate execution of the delivery room procedures
  • Inadequate oxygen supply to the infant’s brain
  • Incorrect monitoring of the fetal heart rate
  • Improper use of the forceps and several other delivery room devices and tools
  • A delayed C-section delivery
  • All kinds of medical processes conducted badly
  • Providing the wrong delivery room drugs to the baby’s mother
  • Monitoring the delivery room patients in an inappropriate manner
  • When the correct delivery room techniques don’t get followed

The common birth injuries

There are times when the hospital staff and delivery room doctors are unable to follow the best delivery room processes and protocols. In such a situation, the chances of birth injuries are more. The typical kinds of birth injuries are as follows:

These are some of the dangers that the medical staff and the healthcare provider need to be aware of before it takes the accountability for delivery.

A birth injury leaves a permanent mark! Hence, it is essential for medical practitioners to be aware of the birth injury penalties that might take place due to negligence on their part. Furthermore, people can opt-in for legal help when they have a birth injury or medical practice at hand and request the legal system for an apt compensation of their loss.

January 10, 2019 · Editorial Team · Comments Closed
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Basics of medical malpractice laws that determine the feasibility of filing a medical negligence case

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Some medical malpractices amount to personal injury, and the sufferer can file a lawsuit for claiming compensation due to medical negligence. If a doctor misdiagnoses a disease that results in wrong treatment, it is one kind of professional malpractice. Again, if a surgeon performs surgery at the wrong site or as reported recently that a surgeon removed the kidneys of a patient by mistaking it as a tumor are glaring examples of medical negligence. Similar are the cases of drug errors that doctors commit very often. In all these cases, the patient undergoes pain and suffering for some mistake on the part of doctors and if you Ask4SAM injury lawyer, they would advise filing a personal injury lawsuit to claim compensation for damages.

Lawsuits for medical negligence can charge hospitals, doctors, nurses, EMTs, or any other medical professionals involved in the process that caused injury to the patient. Besides physical injury, the mental trauma associated with it forms a part of the damages. Medical malpractice is just like any other professional malpractice, and the law comes into force only when an individual receives injuries as explained above during the process of receiving some medical care of medical treatment.

To get the compensation in any medical malpractice, you must be aware of medical malpractices by gathering knowledge about it and know how to lodge a claim by proving it. Medical negligence is the most common form of medical malpractice that we usually experience. It happens when the doctor or any other medical professional responsible for providing medical care fails to perform his or her duty competently.

Since the rules about medical practices vary between States, in this article we will discuss the broad categories of rules applicable to most medical malpractice cases. Keep reading to get an overview of the laws and regulations.

Claim requirements

In the court of law, you must prove comprehensively that medical malpractice has occurred for which you must be able to establish a few facts that demonstrate that there was a professional relationship between the doctor and patient, the doctor was negligent, and the injury resulted in damages.

  • Doctor-patient relationship – The primary requirement to file a claim for damages is to establish that there was a professional relationship between the doctor and patient in which the patient approached the doctor for treating him or her, and the doctor agreed to it. Only when the doctor examines the patient and initiates treatment that you can establish the relationship. The question of relationship arises mostly for consulting doctors not directly treating the patient. Similarly, you cannot sue a doctor who has offered some casual advice without any professional engagement.
  • Doctor’s negligence – Your feelings about poor treatment or unsatisfactory results does not make a case for medical malpractice. It is necessary to prove that the doctor was negligent with respect to the diagnosis or treatment. To build a case for medical negligence or malpractice against the doctor, you must be able to establish that the doctor harmed you in some way that any other competent doctor would not have done under similar circumstances. Medical malpractice claim must adequately establish the fact that the doctor was not reasonably skillful and careful as deemed necessary to carry out adequate medical treatment.
  • The injury caused due to doctor’s negligence – Doctors treating patients with prior injuries compound the problem of patients to establish that the doctor’s negligence caused some injury. The question arises about how much the doctor is responsible for causing harm to the patient.   If a patient suffering from some heart disease dies, then even if the doctor made some mistake in the treatment it is hard to distinguish if the death happened due to the disease or was a result of the doctor being negligent.
  • The link between injury and specific damages – Unless there is a direct link between the lapse on the part of the doctor and the harm caused by it is not possible to file a lawsuit for medical malpractice even if the doctor has underperformed. Only when the acts of the doctor cause injury that results in pain and suffering like mental anguish, additional medical expenses and loss of earning capacity by losing work that it becomes a case fit for suing the doctor for medical malpractice.

Types of common medical malpractices

Medical malpractices can be of so many kinds that it is difficult to make a list. However, all medical practices that can result in claims for compensation fall under one of these categories.

Inability to diagnose – If the doctor treating the patient fails to make a proper diagnosis of the illness and starts some wrong treatment it can become a case for medical negligence but with a condition. The patient must feel and be able to establish that some other competent doctor would have made a different diagnosis with a positive outcome.

Improper treatment – Doctors must follow set treatment protocols for specific diseases, but there are cases when the doctor misdiagnoses the conditions and start wrong treatment that no competent doctor would have done. Also, it might happen that despite diagnosing the disease correctly and even selecting the right treatment the doctor fails to administer it competently and hence could face a case of medical negligence.

Failure to caution patients of known risks – Duty of informed consent is a professional protocol that doctors must follow. It stipulates that doctors must share with the patient all information about the dangers known to them that are associated with the medical procedure or treatment. Making the patients aware of the possible risks helps them to take a well- informed decision. It may happen that they would not like to undergo the procedure or treatment at all. If the doctor fails to share the information with the patient and the treatment or medical procedure results in injury to the patient, it becomes a fit case for filing claim for compensation.

The above information should help you to decide the merit of your case and take the right decision about filing a lawsuit against the erring medical professionals.

January 10, 2019 · Editorial Team · Comments Closed
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