Medical Malpractice: Negligence or Accident?
Malpractice suit is a special type of tort. A tort is a civil law that permits
an injured party to sue for compensation for damages caused by the harmful conduct of another person. One specific example of this is when a driver fails to exercise due care while operating an automobile that will cause an injury to others.
In the film, Malpractice (2001) by Micky Dolenz, Bette Garett is a lawyer turned to be a private investigator when her husband, Ken Garret a doctor holds to be the prime suspect responsible for a death of a patient. Will you think that it is an accident or a complete negligence? In the long run of the story it has been found out that her husband is guilty of a medical malpractice suit because of panic attacks during operations.
Medical malpractice is the most common malpractice suit not to mention intriguing. The involvement of a physician’s negligence while diagnosing or treating a patient is not a minor issue. The fact that a person finished a degree enough to be called a physician, he/she must in all times be aware and attentive to what is happening to his/her patients.
MEDICAL MALPRACTICE SUIT CLAIMS
- The plaintiff is the patient or a legally designated party acting on behalf of the patient
- The defendant is the health care provider or the physician
- The Physician’s failure to perform appropriate medical tests to patients ( surgery, operations) can lead to a malpractice suit claims;
- Surgical errors because of negligence;
- Declining to treat a fatally injured patient ( for worst case scenarios); and
- Prescribing a patient with a wrong medication
Like all other tort cases, the plaintiff or their “attorney”(personal injury lawyer who specializes in malpractice) files a lawsuit in a court with appropriate jurisdiction. Between the filing of suit and the trial, the parties (defendant and plaintiff) are required to share information.
THE TRIAL
At medical malpractice suit trial, both parties will usually present experts to testify as to the standard of care required, and other technical issues. The fact-finder (judge or jury) must then weigh all the evidence and determine which side is the most credible.
Personal Injury Cases
Whether you have suffered a personal injury or if you are acting on behalf of someone who has died because of a personal injury, learning about personal injury cases can give you a more coherent and substantial information.
Personal injury cases have various types. The most common types of it are the road traffic accidents, accidents at work, tripping accidents, assault claims, accident at home, product defect accidents ( also known as product liability) and holiday accidents. Nowadays, medical and dental accidents have been also incorporated with the term.
Here are the tips that you can actually follow to protect your legal rights immediately when you experienced a personal injury case/s. First, you need to take notes about the incident and the injury that you have acquired. Second, if authorities were not yet around, don’t do anything. Preserve the evidences as what it is. You can actually take some photos here using your cellular phone or if possible a camera. Third look for a witness whether you are involved directly or indirectly (you still need to do this). Fourth, obtain a legal counsel someone who is expert in the said situation. Furthermore, meet up with a personal injury lawyer for the matter.
With regards to the compensation, there are several ways of getting compensation for a personal injury case/s.
- Using a claim assessor.
- Having yourself a personal injury lawyer that would represent you and take a legal action in the civil court.
- Making a claim to the Criminal Injuries Authorities.
- Through a criminal compensation order.