When doctors or medical professionals fail to perform the duty expected of them, and cause injury to the patient under their care, it is termed as medical negligence. The law entitles victims of medical negligence to sue the medical professional responsible for the injury.
Are you suffering injury due to your doctor's mistake? If so, your best option is to hire a lawyer to sue your doctor. A lawyer who specializes in this branch of law will help you prepare the groundwork for your case and fight it in court.
The law offers you the following remedies in case of medical negligence:
o Damages: This refers to compensation that is awarded to you to make up for the injury you suffered.
o Punitive action: This means that the offending doctor or medical professional will be punished according to law.
If you are seeking damages for medical negligence, you need to do a basic check to see whether you have a 'sound' case. Here is a checklist of four questions. Answering 'yes' to these questions indicates that your case has the potential of winning compensation.
Q1. Is your injury the result of medical treatment under the supervision of a qualified doctor or medical professional?
Q2. Is the injury the result of the doctor or medical professional's failure to meet an acceptable standard of medical care? This could be either because he failed to adequately diagnose your condition, diagnosed it wrongly, or because he prescribed a wrong line of treatment.
Q3. Do you have evidence-in the form of an expert's testimony-that the treatment provided was wrong or caused you injury? In a medical negligence claim case, it's likely a medical expert will be hired to examine your records to determine if there is negligence and how you have been affected.
Q4. Can you substantiate the amount of damages you are claiming with the injuries-whether in the form of physical distress, mental trauma, or financial loss-that you suffered?
Diana Joseph has an in-depth knowledge in dealing with injury claims. She has written numerous articles on injury claims issues, particularly those involving car accident and other topics of claims. Please contact her for further information on claims related issues.
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