Medical Malpractice Claims Solicitor


Medical Malpractice - There is a standard or expected level of practice to be exercised by all health care provider if when breached or not met causes medical malpractice. This professional negligence involving medical error and deviation might cause injury or sometimes even death to patient.


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Basic formalities and requirements for patient's claim
First steps to take in Medical malpractice claims
Finding a qualified Dublin medical malpractice claims solicitor
Medical Liability insurance for doctors
Precautionary steps to lessen medical malpractice

Medical Malpractice – things you should know?

A Doctor's main job is to help people to recover from their illness. The Medical professionals using their specialist skills need to accurately diagnose and treat the medical conditions and give quality care to patients to feel better. But it doesn't always work out this way and might cause further injury instead of making us feel better. That is why our legal system has enforced many laws, procedures and rules to help those injured patients.

Basic formalities and requirements for patient's claim

If you are a victim of medical malpractice then you need to prove some basic things to go for claiming.

  1. The very first thing that we need to prove is that the existence of Doctor - patient relationship. Obviously you can’t sue a doctor if you have overheard his advice in a Cocktail party. You have fixed an appointment with him and started seeing him to receive treatment then it is a proof that the doctor-patient relationship existed. There are lots of questions that might arise like (i) how frequently you visited him? (ii) Did the consulting doctor treat you directly?
  2. You cannot sue a doctor just because you are not happy with the treatment and results. Only if he shows carelessness in your diagnosis or treatment, then you can sue him. To sue the doctor for malpractice, you need to show that he has caused harm and in comparison to other doctors under same circumstances wouldn't have done the same.
  3. One of the important point in medical claim is whether the doctor is at least reasonably skillful and careful, as best possible care is not required. The affected patient is insisted to bring a medical expert to discuss about the correct medical standards followed and how much the treatment got deviated.
  4. A big question arises whether the doctor's negligence is responsible for the harm caused to patient or that patient is already sick or injured. Considering an example if a patient dies after a cancer treatment, even if the death is caused by doctor's negligence it is very hard to prove that as the patient is already having cancer. We need to prove that it is more likely that the doctor's carelessness has caused death or injury rather than the disease itself the reason in addition to it he needs to attach a medical expert's testify.
  5. If the doctor gives treatment which is below the expected medical standards and you didn't receive any harm out of his treatment then you cannot sue the doctor for malpractice. Some examples are physical pain, lost working capacity, mental problems etc.

First steps to take in Medical malpractice claims

Each and every state follows their own rules and regulations in medical malpractice claims and so it is important to be aware of those rules.

1) If you suspect of medical malpractice then bring it to notice quickly after the injury. The time limit varies from 6 months to 2 years depending upon your state. This time period or deadline in which you file the lawsuit is called as "statute of limitations". The claim will not be valid and the Court will dismiss the case if it is filed delayed than the mentioned deadline.

2) A formal notice needs to be issued to doctor for his malpractice before filling the case against him and this also varies according to your state.

3) Medical practice review panel is the one who will be looking at your filed Medical malpractice case. This panel will hear the arguments from both sides and formally evaluate the evidence and expert's testimony submitted. After all these, they finally decide whether malpractice has really occurred. The panel's decision will not replace an actual medical malpractice lawsuit. These findings are submitted to court by the panel and if determined of no medical malpractice then the case is thrown out before it goes to trial.

4) An important and crucial feature in a patient's case is Medical Expert's testimony. Also prior to commencing of trial, expert's affidavit needs to be submitted to review panel. During trial a well qualified expert is usually needed and it might vary according to state in which you file the case. In some limited and rare cases the testimony is not required, for example doctor has left a surgical towel inside patient's body after a surgery.

5) There is also a limit of how much amount of money can be given to medical malpractice patient depending on seriousness of the problem and again this also varies according to state.

Finding a qualified Dublin medical malpractice claims solicitor for your case

Medical Malpractice Claims: Your first and foremost step is to find a well qualified medical malpractice attorney to represent your case. Medical malpractice law is perfectly regulated law which varies according to state, so it is very important to get advice or representation from a lawyer/attorney. The attorney will make a thorough review of your case details, which is done by interviewing the patient, patient's family members, friends, doing detail study of medical records, etc. After this he will be able to advise basis the strong and weak points in your case.

Medical Liability insurance for doctors

The accepted standards and regulations for the medical professional vary from one country to other and again it varies from one jurisdiction to other within the same country itself. Thus, Medical professionals go for professional liability insurances as this insurance helps them to financially protect them when the negligence claim made by the patient.

Precautionary steps to lessen medical malpractice

A Proactive step of doing research about your medical conditions and keeping track of your symptoms will definitely help you. If you sense that something is going wrong then act immediately. It is always better to have a family member or friend accompany you on your important and crucial visits to doctor.