Medical malpractice lawsuits are filed against doctors whenever the physicians do not provide a proper duty to patients and provide appropriate treatments. The cases could emerge because the actions are based on discrimination or personal opinions held by the doctors. If the doctor commits an act of malice, the case could be managed in criminal court, too.
Define What Happened
The details of the patient’s experience are vital to the personal injury case. The evidence must show that the doctor committed negligence and didn’t cause an injury according to known risks that were disclosed to the individual.
The event could involve surgery, the distribution of the wrong medication, or the doctor could have waited too long to test the patient or provide treatment. The exact reason why the patient sustained an injury must be discussed with an attorney to get started. Victims of medical malpractice get started by visiting lblf.com now.
Securing Medical Records for the Victim
The attorney files a request with all doctors who treated the claimant to get the medical records. The request must be signed by the claimant to give the lawyer authorization to request the documents.
The form must specify what dates the patient was treated and what procedures or treatments should be included in the records. Many attorneys contact the doctors or medical facilities to get the records before the physician is informed about the impending lawsuit. Many attorneys recommend that the claimant gets a second opinion and a complete examination from a different doctor to generate additional records.
The Purpose of a Medical Witness
A medical witness is a physician with the same credentials and understanding of the treatment as the defendant. The court requires a medical witness to determine if the treatment was completed correctly, if the treatment was the appropriate choice for the patient’s condition, or if the defendant failed to provide high-quality healthcare as directed by federal laws.
Did More Than One Doctor Provide Treatment?
If the victim received treatment in an emergency room or trauma unit, there is a possibility that there was more than one doctor that provided treatment for the patient. When reviewing the records, the attorney pinpoints what doctor produced the claimant’s injuries according to the actions taken by each physician. In some instances, multiple doctors could be at fault for the injuries.
What Damages Are Included?
In a medical malpractice lawsuit, the claimants could receive a monetary award for economic and non-economic losses. The economic losses include medical costs, lost wages, and any other expenses linked to the injuries. The non-economic damages are often referred to as tort-based awards where the victim is claiming pain and suffering or mental anguish. In addition to these monetary payments, the doctor is required to present punitive damages if the physician is guilty of negligence.
Punitive damages are a form of financial penalty or punishment for the doctor for failing to provide a proper duty to the individual. If the doctor is guilty of gross negligence or an act of malice, the punitive damages could be maximized by the judge if the claimant wins the case.
Medical malpractice indicates that the doctor didn’t provide a high standard of care for the individual and caused a personal injury. The laws require medical evidence to substantiate the claims and prove that the doctor committed negligence. By consulting an attorney, claimants determine if they have a viable claim.