“I used to watch my son run, jump, and play. Since it happened, this has become very difficult… ”. These words were said by a mother in tears while she thought about the fact that her youngest son was resigned to live in a bed due to medical negligence. Does she not deserve justice? From a legal point of view, what can this mother do?
WHAT ARE MEDICAL NEGLIGENCE CLAIMS?
Medical negligence claims are legal proceedings that are intended to compensate the victim (or the family of a deceased victim) for medical malpractice. They are generally handled by a personal injury lawyer in Grande Prairie as the basis of the claim is the patient’s injuries.
HOW COMMON ARE CLAIMS FOR MEDICAL POOR PRACTICE?
In the past, they weren’t that common, but today society has become more aware of the importance of suing for personal injuries caused by medical negligence.
Medical malpractice claims are similar to domestic violence claims. In the past, people thought that suing would be useless, while today more and more people see it as a way to reduce this form of crime.
DO ALL INSTANCES OF MEDICAL NEGLIGENCES OCCUR DURING A SURGERY?
Not necessarily. There may be medical negligence during or before the procedure; in the process of diagnosing the disease. Some people have been victims of negligence in many consultations over the years, and other medical negligence injuries have been caused in a surgery that takes just a few hours.
Whether it happened before or during the operation, the victim’s lawyer can sue for medical malpractice if they have the means to prove it existed.
WHEN SHOULD THE VICTIM SUE FOR MEDICAL NEGLIGENCE?
When a forensic expert or legal doctor determines that medical malpractice has been committed. These lawsuits have a statutory time regime, that is, if the victims take a long time to sue then they will not be able to do so.
HOW TO PROVE MEDICAL NEGLIGENCE?
To prove medical malpractice, the evidence must be collected that:
● There was a doctor-patient relationship between the victim and the doctor.
● The healthcare professional did not follow the proper procedure to treat an ailment
● Negligence was the cause of the patient’s injuries.
● The harm suffered by the patient is real and demonstrable.
The basis for proving that medical negligence occurred is to compare the standard medical protocol with the procedure followed by the alleged offending physician. If the surgery was not done based on that protocol, there has been medical negligence.
Note: According to the law, medical negligence is subject to liability if, at the time it occurred, the scientific knowledge necessary to prevent it from occurring was available, and even so the health professional decided to ignore it.
IS A MEDICAL ERROR THE SAME AS MEDICAL NEGLIGENCE?
It is in the best interest of the defendant physicians to differentiate an error from medical malpractice. Although it depends on the circumstances in which they arise, a medical error is the same as negligence.
The difference between a medical error and medical malpractice has been artificially created by doctors.
The negligence committed during the performance of a medical procedure is caused by an error of skipping or adding a step to the official protocol.
A GOOD PERSONAL INJURY LAWYER OVERCOMES CORPORATISM IN CASE OF MEDICAL NEGLIGENCE
“Corporatism” is the tendency of some physicians to protect each other when a lawsuit occurs. Thanks to medical corporatism, they refrain from speaking out against their colleagues even when they know that a procedure has not been properly executed.
In Europe, there have been cases in which doctors have even been expelled from their union for making a statement against the procedure followed by a colleague.
A good personal injury lawyer avoids corporatism by seeking medical experts and calling them to testify from distant locations where the accident occurred. The attorney does everything he can to make the medical evaluation as objective as possible.
The objectivity of the doctor is essential so that the judge (if applicable) does not see the claim as an exaggeration. This factor will make it easier for the victim to get fair compensation.
BRANCHES OF MEDICINE WHERE MOST INJURIES FROM MEDICAL NEGLIGENCE OCCUR
Although medical malpractice can be seen in any branch of this profession, the most common lawsuits are related to:
A POORLY QUALIFIED DOCTOR BRINGS PAIN, A PERSONAL INJURY LAWYER BRINGS JUSTICE
To win a personal injury claim caused by medical malpractice, it is necessary to choose a qualified attorney. The lawyer will first measure if the victim has a real chance of winning compensation for their injuries.
If someone suffers a medical malpractice injury, they can seek a personal injury lawyer who will explain the probability of receiving compensation and the average amount of damages.
Every day the procedure to be followed becomes better known, and although in the past it was difficult to receive compensation for these injuries, today it is a reality that thousands have been able to use to obtain justice.