sâmbătă, 17 septembrie 2011

How Do You Know When You Have A Case Of Medical Negligence?

By Jack Wogan


It often occurs that patients who are not satisfied with the results of a certain medical treatment wrongfully accuse their doctors of medical malpractice. Most of these allegations are not justified; therefore, a series of laws and legal principles have been adopted in order for the lawyers to determine whether their client was the victim of medical malpractice or not. This way, the reputation of the doctor is no longer affected in case the accusations are false.

According to the law, is considered a case of medical negligence claim any mistake or omission that doctors make during the exertion of their profession. The mistakes may vary from one doctor to another and they may occur any time, be it during the diagnosis or during the application of the medical treatment. There are two main conditions that patients have to be able to fulfill in order to prove that they have been the victims of medical malpractice. First, they have to show that they have suffered damages or injuries because of incorrect medical treatment and then, they have to prove that it was indeed the doctor who caused them.

The standard of care is the first and most important principle one must apply in order to determine whether the medical treatment was wrong or not. Based on this principle, the lawyer has to find out what the standard medical procedure is for the cure of his client's affection and to identify the deviations that have been made in the actual case. The expertise of another doctor will be necessary as they have the capacity to compare the two procedures.

The fact that the doctor did not apply the standard procedure doesn't necessarily make him guilty of the physical damages suffered by the patient. The solicitor will, therefore, have to prove with photos or documents that the state of the patient got worse as soon as the medical treatment was begun. Getting the patient examined by a third doctor is the most reliable method to tell the jury what the physical damages of the patient are.

Judging by the various stages a lawyer has to go through in order to make sure he wins the case, we may conclude that medical negligence claims are most of the times difficult to solve. If you want to make sure that you will win the case, you will hire a professional legal consultant. The prices are more advantageous now because clients don't have to pay solicitors unless they win the case.




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