What to Do if Injured by a Doctor
Provided by HG.org
There are many instances where a person has been harmed by a doctor during a medical procedure. When these incidents occur, one course of action is to seek compensation for additional treatment that is necessary for resolving the injuries that occurred with the initial physician.
These claims are called medical malpractice, and they usually provide the person involved monetary payouts for various issues to include the medical costs related to the issue. It is often best to obtain a lawyer to assist in the claim, and he or she may provide knowledge of what to file, what stages require more information and when to perform certain actions.
When harmed through medical malpractice, it is possible to pursue a personal injury case against healthcare facilities, nurse practitioners, physicians, emergency personnel and other staff that are involved in the processes. The incident must have included some type of injury sustained through medical care performed on the victim, and in most cases, additional treatment is necessary to resolve these wounds. It is important to understand what these cases involve, and how to apply the knowledge appropriately. This is most often why a lawyer is needed. He or she may ensure everything is filed correctly, the right persons are contacted for testimony and various other stages are completed accordingly.
Perception of Legal Necessities
Medical malpractice suits often occur when the physician was negligent in his or her duty to the patient. There are four elements that must be proven in the case to even attempt a successful compensation claim. The health care facility or provider must have some duty to the patient involved. In the course of the treatment, this duty was breached in some manner. It was this breach of duty that caused direct injury to the person, and the harm could not have occurred without this breach. This injury sustained is one that may be compensated because of the breach of duty to the individual.
Proving the Elements
If there is any lack of these elements in the case presented, the malpractice suit cannot proceed. However, even if present, the lawyer and victim must prove they exist and were involved in the incident that occurred to cause injury. The doctor or other medical professional must be shown as liable for damages. While the healthcare practitioner does not have the burden of proof, his or her lawyer may use defensive strategies to demonstrate that he or she is not liable to provide compensation to the harmed individual. This places more pressure on the injured person, but as long as all the evidence exists, the case may be successful.
Other Possible Actions
There are other options available to those injured during medical procedures. These individuals may seek to negotiate with the physician or healthcare facility outside the legal arena. It is also possible that treatment may be provided at no cost to the victim after an issue occurs to attempt to resolve the matter before legal representation is necessary. Some physicians do not want to go through a legal battle and have their reputations slighted due to possible mistreatment or negligence on their part. It is not recommended to accept any settlement of any kind without first consulting a lawyer to determine all options and information about what is available.
Improper Care of a Patient
There are many cases where a physician has failed to diagnose the condition correctly or at all. Even with the symptoms, there are numerous issues that may plague a person. However, in certain instances, the doctor may not have the training in the specific concern, and this could lead to an incorrect diagnosis. The medical professional may be held liable for injuries and further issues this may lead to. Other situations arise where the health care practitioner provided assistance, but it was not the correct care. These persons may be held responsible for these actions. This could lead to occurrences of instruments being left inside a patient after surgery has concluded. Another incident could include the wrong procedure performed.
Some patients are neglected while in particular facilities such as nursing homes. Many instances of neglect lead to injury due to the individual not being able to care for himself or herself. These situations may also lead to malnourishment, bedsores, incorrect care and possible severe issues such as acute injury and death. Another error that could lead to serious harm is incorrect dosage and wrong medication prescribed to a person. These medication errors often lead to additional problems as well as potentially long-term care being needed.
When a person has been harmed by a doctor, it is best to seek legal assistance. Hiring a lawyer may provide the best possible solution in these matters.
Read more on this legal issueWhen Can the Hospital Be Sued for Malpractice?
Did My Doctor Know Enough to Perform That Surgery, or Was It Malpractice?
Is It Malpractice When a Doctor Misses a Diagnosis?
Misdiagnosis of Breast Cancer
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.