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The News God > Blog > Law > Legal Remedies with a Medical Malpractice Attorney
Law

Legal Remedies with a Medical Malpractice Attorney

Rose Tillerson Bankson
Last updated: January 23, 2024 7:29 am
Rose Tillerson Bankson - Editor
January 23, 2024
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Legal Remedies with a Medical Malpractice Attorney
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Building strong relationships between patients and providers requires that individuals feel comfortable with the medical professionals they see. Patients must be able to rely on medical professionals’ diagnoses and recommended courses of treatment. Patients who require surgery must have faith that their surgeons are qualified to conduct the work and will execute the procedures accurately.

In the event of an injury or medical issue, an individual can choose to see their physician, an urgent care center, or a hospital to receive medical attention. They can come into contact with a variety of medical professionals during their appointments, such as nurses, physicians, medical assistants, and others. Each of these specialists will offer care that satisfies the level of care that would be rendered in the region by a reasonably competent practitioner with the same qualifications. In the event that you suffer a severe injury as a result of a medical provider’s deviation from the expected level of care, you can be entitled to compensation.

Important lessons learned

  1. Recognising Medical Malpractice: Mistakes such as incorrect test results, missed diagnoses, botched surgeries, and birth injuries are examples of medical malpractice. It happens when a healthcare worker acts outside the scope of their training and causes harm to patients. 
  1. Legal Requirements: In order to file a medical malpractice claim, victims must establish the following: the existence of a patient-doctor connection, a breach of care, the applicable standard of care, the cause of the injury, and calculable damages.
  1. Patient Rights and Damages: Punitive damages are capped, although victims are still entitled to non-economic and economic damages. For more significant damages, the state also uses a system of recurring payments.

Medical Negligence Examples

If you’re not happy with how your therapy turned out, it’s not a guarantee that your doctor did something wrong. Although they cannot guarantee patient outcomes, physicians are obliged to provide competent care in accordance with the applicable medical standards.

Because they are human, doctors can make mistakes. The following are some typical mistakes that could qualify as medical malpractice, albeit only some mistakes a doctor makes will be that serious.

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Erroneous Diagnosis

When a physician neglects to diagnose a patient and instead pronounces them healthy, this is known as a missed diagnosis. The patient’s condition can deteriorate considerably prior to receiving a precise diagnosis. By then, the patient’s illness can have gotten worse to the point where rigorous therapy with severe side effects is necessary, or the patient can no longer be able to treat it. A patient who has a missed diagnosis can occasionally pass away before receiving therapy. 

Accountability in Cases of Medical and Hospital Malpractice

Cases involving medical and hospital malpractice might be complicated since your care can have included several parties. It can be challenging to determine guilt, and medical professionals and attorneys for medical malpractice will probably be needed.

Among the persons who could be held accountable are the following:

𑇐 Nurses

𑇐 Medical assistants

𑇐 Licenced practical nurses

𑇐 Physician specialists

𑇐 Physicians who administer anesthesia

𑇐 Radiologists

𑇐 Laboratory personnel

𑇐 Surgical Cooperative Assistants

𑇐 Medical assistants

𑇐 Chemists

𑇐 Facilities for urgent care

𑇐 Offices of doctors

In order to ascertain the pertinent medical standard of care, identify any parties who can have contributed to your injuries, and establish whether the treatment you received deviated from the expected standard of care and consequently caused your injuries, your medical malpractice attorneys will examine all relevant medical records with the assistance of a medical expert.

Looking for Legal Redress

When they have been the victims of medical carelessness, many people are reluctant to file lawsuits in order to seek redress. You do not have time to consider filing a lawsuit because you are more worried about your health or the health of a loved one. The thought of suing your physician or other healthcare professionals can also make you feel horrible. Lastly, you can worry that while you are already facing significant financial losses, getting legal counsel will be too costly.

However, filing a claim enables you to uphold and defend your legal rights as a victim in the event that you are the victim of medical negligence. By pursuing a claim, you can hold those responsible for your injuries accountable and contribute to the prevention of future damage to others.

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