Medical profession is considered to be the noblest of all the professions. Whether it is small illness or a fatal accident, it is our psychological belief that once you have reached the hospital, the doctor and the staff would make all efforts to get you back to good health. But, in recent times, cases of medical malpractices have seen a considerable rise. The complexities and the problematic procedural issues involved in such cases, makes it imperative to hire a medical malpractice lawyers. To know more about the medical malpractice law in your state, please visit www.nolo.com.
In brief, medical malpractice suit which is a type of personal injury case encompasses the claims raised by the plaintiff against the doctor, medical staff, hospital authorities who intentionally did not adhere to the medical standard and due to their negligence, the patient has suffered injuries or died during the treatment process.
Some common type of errors which are considered as a malpractice under the law:
• Misdiagnosis which may delay the treatment causing death in some cases.
• Conducting unnecessary surgery or a critical medical processor which may raise complications.
• Forced early discharge, before evaluating the medical condition of the patient to declare him fit enough to go home.
• Not suggesting appropriate medical investigation on time, which may result in leaving chronic ailments undiagnosed.
• Prescribing medicines without evaluating the past medical history for any allergies. Also in case of inappropriate dosage instructed, the patient can get critical due to overdosage or insufficient medication.
• Due to poor hygiene and improper sanitation levels, a patient catches an infection while admitted.
• Operating the wrong part of the body or leaving some equipment or any piece of cotton inside the body while doing the surgery.
Informed consent is a crucial piece of proof in the medical malpractices case. If the patient has not given permission to the medical procedure undertaken and anything goes wrong during the process, then the medical team would be considered liable even if they have done it correctly.
Since medical malpractice suits are framed on the theory of negligence, it can be tricky for the plaintiff to prove the medical authority’s intentional negligence. Also, the financial and litigation know-how is a must. Therefore, taking a help of an expert personal injury lawyer becomes essential.
Critical vital areas which should be considered while appointing a medical malpractice attorney are:
1. Experience: Since the nature of these cases is very complicated; therefore, your lawyer should have handled similar cases in the past. They should have a good track record of winning the case and get the plaintiff satisfactory monetary settlements.
2. Knowledge: Since the complete case is built on proving the negligence of the medical authority, therefore to extract evidence and opinions from medical experts requires the decent understanding of medical procedures, theories, diagnosis and possible implications. This is also necessary so that the opponent lawyer does not manipulate the court and win the case, due to ignorance of your representative.
3. Litigation experience: In most of the medical malpractice cases, the opponent is the insurance company who have insured hospitals or medical institutions. They have a strong financial backing to hire best of the lawyers as their representative in court. Therefore, your attorney should be experienced and give a strong representation in litigation and settlement process.