If your dear ones are injured, sick or even need any medical treatment you do blind trust on doctors and the hospital staff in the hope that they will help you as much as possible and avoid all kind of medical malpractice that you might hear. But what happens if they fail or make your life at risk?
Medical Malpractice is an act which takes place when the health care provider falls below the accepted standard of care and put the patient at risk of injury and death. It can be understood as an example, when you go to a hospital complaining stomach pain the physician suggests you a surgery and while performing the surgery he left a scissor in your stomach in this case there is negligence on the part of the doctor and he is liable to pay compensation.
Examples of medical malpractice-
Anesthesia Errors- When the patient awakes during surgery and can see the ongoing surgery and dies, the negligent professional will be held liable. Patient with anesthesia error may be able to recover the compensation for the physical and emotional injuries.
Emergency room errors- when any error occurs in an emergency room, victims can file lawsuits to recover compensation for the injuries.
How to prove a medical malpractice case-
If you have a case, then an attorney may go a long way in advocating your case.
The following are the essentials to institute a medical malpractice claim.
- Patient/doctor relationship: One has to prove that they had a patient-doctor relation. It must have proof that the patient has hired the doctor and the doctor has also agreed.
- The duty of care: Physicians are required to perform their duties with the medical community’s accepted standards.
- Causation: The injured patient must have proved that the medical practitioner’s NEGLIGENCE was the cause of their injury.
What you should seek in a medical malpractice attorney ?
If you have determined that you might have a medical malpractice case, one thing you must need to keep in mind is that Medical malpractice lawsuits differ from other personal injury cases. The attorney you choose should know:
- Which questions to ask
- Be able to anticipate the tactics of the doctor’s team of lawyers.
Lawguru India lawyers will help you to pursue the medical malpractice claim by doing the following:
- Reviewing information to establish if you have a claim;
- Collecting additional evidence to support your claim;
- Determining the value of your claim;
- Determining potentially liable parties;
- Helping you understand your legal rights and options moving forward; and
- Handling complicated technical rules and procedures the court or state may have.
We believe in justice for the people. If you’ve suffered a devastating personal injury due to medical professional’s error, you should speak to our medical malpractice advocates immediately. Please contact Lawguru India today for a free consultation.