Medical Malpractice Liability
There are many reasons that an act of medical malpractice can happen. Medical personnel’s negligence can manifest itself in various forms: identifying the patient’s problem, acting unreasonably or examining the patient without his/her permission.
Percy Martinez law firm’s medical malpractice liability section can provide you with detailed information about the identification of your case. This section includes the laws that states define in case of a certain situation such as surgical malpractice, infant malpractice, malpractice through devices, failure to diagnose etc.
Our malpractice attorney can help you in proving your claim right or preparing your case in a medical malpractice case.
How is a Medical Malpractice Case Initiated?
Nowadays, hospitals and clinics take every precautionary measure in order to provide high service level to their patients. However, despite these measures of prevention, things can take a wrong turn.
If a patient has faced an unreasonable act that has caused damage to their physical or mental health, then they can file a suit against the responsible party. Should the patient’s health be put at risk because they have been offered a sub-par service from their healthcare provider, a patient can follow a legal procedure that consists of taking the following steps:
- Taking into consideration the time period that the state’s law proposes for claiming a medical malpractice case.
- Hiring a medical malpractice attorney before applying for the claim, as well as contacting specialized medical personnel in order to understand what the issue was and whether its resolution was possible.
- If such specialized medical personnel cannot assist the patient under the given circumstances, a complaint against the said doctor must be filed to the licensing board.
- Trying to get the health care providers to certify whether the injury the patient has suffered was the result of the negligence of the doctor.
It is nearly impossible to take the right course of action when dealing with a medical malpractice claim without an experienced medical malpractice attorney.
Your attorney will assist you with every aspect of the case and tell you whether you have a strong case. Also, they will advise you on all the actions necessary in order to salvage the damages. Finally, they will help you determine whether to go to trial or accept a settlement. Of course, this is ultimately up to you.
How Can Medical Professionals Defend Themselves?
Before filing a medical malpractice claim, it is important to understand how medical personnel will defend him/herself in different circumstances:
- The doctor will deny the reasoning behind the claim that would prove negligence, including breach, duty, damages, causation, etc., for instance, a medical professional can claim that their medical actions were in accordance with the general standards in healthcare and that they are not guilty of committing a breach.
- The doctor can claim there has been negligence on behalf of the patient. If the doctor is able to prove that the damage happened because of the patient’s own negligent behavior, then their defense is valid and can lead to a denial of the malpractice claim. For instance, if the patient has not followed the dosage or the timing recommended by the doctor, the claim could be denied.
To make a strong case, you must hire a medical malpractice attorney who can best determine how you can prove your rights under the claim. Discuss your case in detail with your attorney so that he/she can help you make the most favorable decision.