Characteristics of Medical Malpractice
The credibility of a service lies at the heart of quality medical services. When either of these is compromised, medical malpractice chips in. But how do you tell and prove that the services you received are substandard?
Provision of improper standard medical care
The provision of medical services is guided by laws laid down by medical regulatory bodies. You, as the patient, have the right to demand these standards before you receive any of these services from your provider or else seek the services of your medical malpractice lawyer. Medical practitioners are obliged to adhere to these laws; otherwise consider reporting him/her to the relevant bodies or your medical malpractice lawyer. If the laid standards have been violated, then negligence must be reported immediately to your lawyer for further action.
The injury must have directly resulted from negligence
The law stipulates that sufficient evidence must back any claim. Therefore, if you feel that your health provider’s services directly caused you injury or harm, then you must prove it by providing all the relevant evidence to your medical malpractice lawyer. Therefore, prove that the injury would not have happened had the health provider not been negligent.
Also, if you are not happy with the services provided by your health provider and the outcome by extension, don’t be fooled that negligence charges can be pressed against the doctor in question. Get it right. Dissatisfaction is not negligence. Remember, malpractice is malpractice only and only if it has been proven that negligence on the side of health provider caused you harm or injury. Period.
There must be Damaging consequences arising from the injuries
Any smart medical malpractice lawyer will tell you that proving your case is the most important thing when it comes to lawsuits. And the reason is simple-just convince the judge. But how do you go about this? No worries. Your evidence is your ultimate savior. Make sure your medical malpractice lawyer can prove that the injuries caused resulted into very damaging consequence. For instance, if he was operating your finger, and he cut it in the process, go ahead and say you are unable to do what you used to do to earn you daily bread, right? Other damages may include suffering, painful life, loss of income, disability, and enduring suffering.
No Informed consent given by the patient.
Complex procedures must involve the patient .His consent is inevitable. It is therefore imperative that your doctor seek your consent before performing any procedure on your body. Otherwise he will be liable for any injury even if he carried out it professionally and flawlessly. For instance, if the procedure in question has a 40% effect on a certain organ, he ought to categorically state this to the patient and even document the same for future reference.