Introduction
Whenever we have an illness, injury or any other health related issue we turn to medical practitioners to give us the proper medical treatment. In most cases, doctors and physicians provide invaluable medical health care. However, mistake and accidents happen, good intentions notwithstanding. Sadly, in the medical field, a light error or omission in treatment could have dire consequences. Medical malpractice refers to instance where a health care professional fails to act competently and administers treatments which harms the patient. Medical malpractice cases are tricky especially because they come charged with lots of bitterness and stress. In such circumstances, the law steps in to determine if the doctor’s actions constitute medical malpractice or not.
History
Medical malpractice cases are complex and not all of them are valid. Not all claims constitute to medical malpractice. When faced with such a situation, it is wise to enlist the services of medical malpractice lawyers. A lot of investigation needs to be carried out and the injured party must provide testimony to demonstrate that no other health care professional could do what yours did. Medical malpractice lawyers must also prove that the injury or death occurred as a result of negligence by the health professional. If liability is established the injured party is entitled to receive malpractice damages. You must also file a suit with the help of your lawyer which should be within the statute limitations. Your lawyer plays a major role in such as case and that is why you must search for experienced and qualified medical malpractice lawyers. The lawyer should not only be well versed with the law but he must have an understanding of medical practices.
Features
If a patient is in a vulnerable condition, he is entitled to receive competent care, an accurate assessment of his condition and correct treatment which includes any prescriptions given. Whenever a physician fails to give an accurate diagnosis, the patient is entitled to compensation and this is in line with medical malpractice laws. However, patients must prove these three basic elements:
• Negligence
• Doctor-patient relationship
• Harm caused as a result of the negligence.
In such circumstance the expertise of medical malpractice lawyers is needed. As an injured party, you may lack the know-how and experience required in such cases. A doctor patient relationship exists when the doctor examines a patient and provides treatment, a written agreement is not necessary to prove the relationship. Doctors are obligated to provide competent care whenever they perform duties in their capacity. Negligence come into play when a doctor fails to provide quality care that any other competent health professional would have done in similar circumstances. The medical malpractice lawyers have the responsibility to proving what a qualified doctor would have done in the same situation.
Tips and comments
Medical malpractice cases call for expert testimony. Medical malpractice lawyers must hire doctors and specialists who have experience in that particular area. The doctor will give his opinion and tell the court what a professional would have done in that same situation and the court will determine if the claim is valid.
