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Home›Law›Understanding about the Medical Malpractices and the situations for consideration

Understanding about the Medical Malpractices and the situations for consideration

By Lucy Lowenthal
November 13, 2019
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Doctors are always considered as living gods because they hold the responsibility of many lives in their hands. But there are some situations where some minor things can lead to heavy loss for the patient. It can be anything like the late arrival to hospital, incurable situations etc. But if the mistake is done from the doctor and hospital side that causes any discomforts to patients is called Malpractice. For claiming medical malpractice, Grand Junction Medical Malpractice Lawyer offers you a helping hand.

Characteristics of Medical Malpractice

There are three situations, which can be considered as medical malpractice under the law. They are as follows:

  • Standard Violation – There are certain standards established in all the hospitals to provide the patient with good medical treatment by experienced professionals in cautious manner. If the standard of care is not followed by the hospital, then it can be considered as negligence.
  • Causing Injuries – Patient should be able to prove that they have sustained injuries due to the negligence of the organization. They should be able to convince that their injury is solely the result of the negligence.
  • Damages due to Injury – It is also important for the patient to showcase the heavy damage experienced due to the injury of negligence. This is a very important step to make their claim a valid one.

Those who can hold responsible in such claims are hospitals, laboratories, doctors, nurses, physicians, pharmacists etc.

Steps to be followed for the claim:

  • Soon after the injury, the claim has to be filed and the lawsuit should be filed between 6 months to 2 years. Beyond that, the claim will become invalid.
  • After filing, a special medical malpractice board will check the proofs and documents submitted by the patient against the hospital or doctor. This will be done before the actual hearing.
  • Once finished, the claim will be taken into consideration and the investigations will be carried out. In addition to the reports the patient submitted, court will also seek testimonials from experts in order to verify whether the claim is trustworthy.
  • Once proved, the claim will be approved and the patient will receive compensation from the hospital or doctor.
  • If the claim gets rejected, with additional documents, they can make appeal once again for their medical malpractice claim.
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Lucy Lowenthal

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