Medical negligence is a legal term coined to refer to inappropriate, incorrect, poor quality and medical malpractice conducted by a member of the medical profession. These are practices that cause harm to a patient and later lead to legal actions.
Unfortunately; in recent years, cases involving medical mismanagement have gradually risen thanks to government legislation and increased patient awareness. Medical negligence also known as malpractice is among the most technically challenging fields in law.
There are various ranges in which a negligence claim is validated. Even after determining such intervals, expert opinion is required to substantiate that negligence occurred. Such a suit can take years to culminate and most times becomes a costly affair.
Before filing for such a case medical negligence attorney Tommy Hastings advice that you seek expert legal advice guaranteeing that you have a valid case.
Medical Negligence Main Factors
For a medical negligence case to take effect, two main factors should be present; it needs to be proven that a physician, nurse, nursing assistants or even a technician messed up as you received your treatment.
The mistake may including the medic’s failure to act (Omission) which is also considered as medical malpractice. Secondly, any experienced litigator may argue that the negligence ended up hurting you.
As your lawyer will have you know, there’s a time frame for filing a medical negligence case. The length of time is dependent on individual states. However, the federal law sets it at 24 months from when you got harmed by the negligence.
Medical negligence attorney Tommy further indicates that establishing medical malpractice doesn’t end with knowing that you doctor erred when administering treatment. Also known as the standard of care, it needs to be consistent with the area you reside.
Medical malpractice litigant’s advice that if a patient proves that they didn’t receive the correct care standards, they’re better off filing for a negligence suit.
Medical Negligence Attorney Tommy’s Advice
As the complainant, Tommy advice that any patient claiming compensation should prove cause and effect. It’s up to you and your lawyer to show to the courts that you suffered due to the medics’ negligence.
He further advises that the case may have merit when and if your condition became worse after undergoing treatment. However, it’s paramount to note that a misdiagnosis is not necessarily considered grounds for malpractice.
When the misdiagnosis leads to the discovery of newer problems or aggravates your condition, then you may have legal grounds to file a case. Tommy adds that further; a plethora of legal disputes demand that an expert witness takes the stand.
For medical negligence cases, the law demands that a medical expert witness present findings. The witness works in favor of the complainant if he can prove the link between the harm caused and the treatment administered. The expert witness also demonstrates to the court that proper care standards were nigh.
Medical negligence cases take a long time before they are resolved. If the defendant puts up a fight, the case may drag on years on end. Then again, a malpractice conviction means that the medic ends with a medical license suspension.
Moreover, specialists called to aid you in the case are costly. Legal fees are also expensive as you need to work with an attorney who finds merit in your suit and can be willing to fund the lawsuit.