Tag Archive: medical

Understanding The Basics of Medical Malpractice

It’s something that no one wants to go through. A brief glance through the resources which Legalzoom reviews shows, however, that medical malpractice is far from uncommon. While some cases are made by those who just hope to get rich quickly off a doctor’s innocent mistakes, others are quite serious. If you are in a situation where you think that there might be a medical malpractice issue, then it is essential that you understand the basics to determine how you should proceed.

Situations Involving Medical Malpractice

Medical malpractice comes up in those cases where the doctor, nurse, or other medical professional harms the patient through failure to provide adequate or proper treatment as stated in some of the resources and stated in Legalzoom reviews. Minor mistakes that do not cause harm are not considered medical malpractice. Disapproval or frustration with the results is not considered medical malpractice either. Medical malpractice requires an actual harm either through a wrongful act or failure to act with few exceptions. In most cases, this involves a misdiagnosis, a delayed diagnosis, injuries inflicted during birth and prenatal care, prescription and medication errors, anesthesia mistakes, and surgery errors.

Requirements of the Claim

The basic requirements of the claim are fourfold. It is an elements test, which means that all three must be satisfied. These include the following

As a side note, in situations where it is not clear whether the doctor was directly responsible, the court will typically apply a preponderance of the evidence standard. This means that you as the patient must show that it is more likely than not that the doctor’s act is what caused the harm.

Making the Claim

The claim itself must be made within the period of time before the statute of limitations. While this will vary based on state, many of these statute of limitations begin running from the time that the harm was done if it is something that should have been obvious or at the time that it should have been discovered if it was not obvious. In many states, personal injury limitations apply, meaning that the patient must place the suit before two years. In some states, this period of time is as short as six months after the injury occurs.

If you believe that you have been injured and may have a medical malpractice suit, then meet with an attorney as soon as possible. The attorney will be able to get the ball rolling and ensure that you do not miss the statute of limitations if you give him enough time to get the job done.

Suffering From a Medical Negligence? A Medical Compensation Lawyer Can Help

In times of a medical emergency, a person has no other option than trusting his doctor. Whatever the doctors say is religiously followed by the patients and their relatives. A medical ailing brings about not only physical suffering but also mental anxiety. The worst thing that can happen at such a time is negligence of the doctor. However, the patients who suffer from such negligence can get legitimate compensation for their agony from the court. There is a proper procedure that is followed to provide help to the victims.

First of all, the victim who is the patient in this case has to present sufficient proofs to show that the doctor was not paying attention to him and he is the one who is solely responsible for his condition. In such a case, the doctor owes a ‘duty of care’ to his patient and the victim can make a medical negligence claim against him. Thus it is very important that his liability is proven. The legal responsibility of a doctor or any of his assistants is to provide the required care for the patient presently being attended. A conduct of inattention is not expected by such a professional.

Looking from the other perspective, it is a must to prove that if the doctor or his assistant would have attended the patient properly, the injury could have been avoided. These two perspectives or main components of the claim are known as liability and causation. In such a situation, the patient needs the help of a compensation claim lawyer to prove the negligent action of the medical practitioner. These cases need an expert lawyer to fight the case as a medical aspect is also involved and the doctor can present certain testimonies that cannot be challenged.

Such cases may leave a person with various kinds of losses such as loss of present and future income, changes in lifestyle, emotional setbacks and thus, he deserves a huge claim that can only be derived with the help of a professional compensation lawyer. There are various details involved in such case. For instance, if the injury occurred due to an action performed by the doctor that was correct according to the medical standards, then he cannot be punished. He can only be indicted if he did not act according the medical norms. On the other hand, if the medical staff has acted unjustly, it would prove that the management did not operate as per their responsibility. These two main points help a lot in solving such case.

For filing a medical negligence claim, the patient has to send a letter of claim to the hospital authorities or the medical practitioner under whom he was treated about the injury that has occurred due to his actions. He has to assert all the facts and details of the case in the letter. After receiving the letter, the medical authorities have to reply to the letter or face the charges in the court. The letter of claim and all other details will be evaluated in the court.

Claim For Personal Injury Compensation For Medical Malpractices

When a patient gets admitted in a hospital, it is the duty of the management team to look after his well being. The term ‘management team’ includes not only the management officials but also the doctors and nurses. It is these doctors and the nurses who need to check that the admitted patient are provided with proper medicines and medical treatments on time. A little bit of carelessness can cause major health problem for a patient.

However, cases are found where reputed medical centers are sometimes blamed for causing serious physical injury to a patient. Such incidents occur only out of sheer negligence of the doctors or the nurses or hospital management team. On the other hand, the patient who suffers the injury has the legal right to file a lawsuit against the hospital or the medical center.

What if your friend faces such consequences in a hospital?

A situation may arise where your friend may suffer health problems due to wrong medication prescribed by the doctor. In such situation, your first job should be to collect the medical report related to the previous treatment given in the chosen hospital. Simultaneously, you should take legal action against the doctor. Along with this, on behalf of the patient you should claim for personal injury compensation. However, the law related to a personal injury claim is quite complicated and difficult to understand. In that case, hiring a lawyer specialized in personal injury law will be a better option for you.

Why you should hire a lawyer to help?

A lawyer who specializes in personal injury law knows in and out of the legal procedure required to follow in such situation. Hence, when you hire such lawyer, he will guide you the best way to appeal for the compensation in the court. Moreover, the lawyer having good experience in dealing with such case will also know about the investigation procedure required to collect more evidence related to the case. These evidences will later on be utilized during the court proceedings for the benefit of the victim. Hence, spending expense for getting hold of such lawyer can turn out to be beneficial for your friend.

However, make sure you hire a skilled attorney to get such help.

What questions you should ask to your appointed lawyer?

Once you have chosen a particular lawyer, ask him necessary questions to make sure whether you have taken correct decision or not. What are those questions?

u How many years of experience he has in this legal field?

u How many cases he has won previously?

u How much time will be required to get the case solved?

u How much service charge he will ask for?

If you still feel confused, a Miami personal injury attorney is there to provide legal help.