As a patient, you should be able to detect any instance of medical negligence. This happens when your condition gets worse because your doctor or concerned health practitioner fails to render the right health service. You are then eligible for legal compensation. The benefits can be yours if you know how to claim your benefits. This is through hiring the experienced medical malpractice attorney.
Medical negligence pertains to health, sickness or injury inflicted by a third party. The guilty person must be in the health profession to become guilty of this crime. Any person claiming for the benefits under this offense should really have been hurt or injured due to the negligence of any health personnel. If you are unsure of your claim, do contact Dallas medical malpractice attorney Tommy Hastings for help.
When treated by a doctor – be it in the physician’s clinic or hospital, and you are not satisfied with the way you were treated, this would not automatically constitute medical malpractice. The offense does not represent dissatisfaction on the result of treatment. You cannot just claim benefits under this just because your doctor failed to cure you. You can only claim the benefit if the doctor has caused further injury that led to the worsening of your condition through inappropriate method.
Although often heard in the court, finding the health officer guilty does not lead to criminal prosecution. However, the penalties under the law on erring health practitioners can malign the good reputation of the doctor, aside from the probable cancellation of license. And the victim will be compensated.
Though you are sure that you were injured during the negligent treatment, still the offense can be hard to prove. This offense is an act where a health personnel deviates from the execution of his duties such that the patient suffers more injury, pain, damage or loss. When this happens, you will need a lawyer to prove the veracity of your claim. You need an attorney to be able to take legal action.
What causes medical negligence? Erroneous actions can compromise the patient’s recovery or cure for an illness and these will be strong bases for the case. It should be proved that there exists inadequacy of skills, care, and speed in the administration of treatment. Who may be responsible for the negligence? Doctors, specialists, surgeons, nurses or any health practitioner can be guilty. However, again, this is hard to prove without the assistance of a practiced and expert lawyer. Medical facilities can also be held responsible. Falling under the laws of Tort, the medical indemnity will result in the provision of compensations to the suffering patient.
In order to prosecute the guilty health practitioner, the patient should be able to present all the elements of Torts. But can you do it? This is where the need of an experienced lawyer in the field is very vital. Only he can present the proofs against the accused. It may be a long process and you may even lose the case if you do not hire an attorney who is an expert in this field of the law.
Claim for benefits under the medical malpractice all depends on the expertise of your legal counsel. Everything will rest on his knowledge to prove the guilt of the health practitioner. Thus, if you feel obligated to file a case of this sort of negligence, consult first with a lawyer who has expertise in the field.