Medical malpractice happens when a health professional does not provide to the patients the correct treatment, does not take the appropriate action or provides a substandard treatment that brings about harm, injury or even causing the death to a patient.
A medical professional is not directly responsible for all the harm a patient may experience, however they are directly responsible when a patient is exposed to harm or injury caused by poor quality care offed by the medical professional to the affected patient.
According to research by the Medical malpractice center, in the United States alone there are between 15,000 to 19,000 medical malpractice suits against medical doctor’s every year.
A lawyer claims that a patient may file a medical malpractice suit when they prove that the medical professional did not provide to them with high-quality medical services that are expected from them causing serious side effect or harm to the patient.
They can also file a lawsuit if they can prove that negligence by a medical professional resulted to them getting injured or harmed, and if they were not neglected no harm could have been caused. Finally, a patient could file for compensation if they could prove that the injury caused by medical malpractice has brought serious consequences such as constant pain, loss of income, suffering or even disability.
An affected patient has all the rights to file a suit against the doctor or a health facility that was involved in the malpractice for compensation. The first step they should take is finding a good lawyer or a medical malpractice attorney who will help them pursue the case in the court of law.
After discussing all the legal fees, they should talk to the lawyer at Baizer Kolar Chicago about the medical malpractice that has affected them. Original and legit medical records should be presented to the lawyer for them to study. This will help them build a case against the medical professionals that caused the injury to the patient.
The lawyer is required file a case in the court of law against the accused; this will be the beginning of the court case. They should hire or get free services from an independent medical professional who will be used as a witness in the court of law.
The independent medical professional will offer proof and advice to the court about the malpractice. This will help the court during the making of the judgment on the case.
Most cases of legitimate medical malpractices are commonly solved out of court where the lawyers of both parties come to an understanding, and they come up with an agreement of compensation. Another option to this is mediation where both parties use a third party to act as a moderator in the case.
However, not all cases go this road, serious and larger cases are taken to court. This is may be because the investigation is required or both parties did not come to an agreement. If a patient is not satisfied with the way the negotiations and mediation are being handled, they have the right to go to court to seek aid from the court.
However, this is only advisable is all the other problem resolution mechanisms have failed, and a patient has a strong case that can hold water before the court of law.