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Medical Malpractice

Medical Malpractice: How to Prove Improper Medical Care In Court

Medical malpractice is defined as avoidable injuries caused by doctors. The injury could include providing the wrong medication, performing treatments, during surgeries, and birth injuries. The injuries cannot be a known risk that was disclosed to the patient before the doctor received consent. By reviewing how to prove these liabilities, patients can discover if their case is viable.  

Securing Medical Records of the Treatment or Procedure

Medical malpractice cases require medical records and evidence to substantiate the victim’s claim. With the help of mFax’s HIPAA compliant faxing, you will be able to store all the confidential information, regardless of how it is transmitted, including electronic, paper, and oral.The records show all treatments the patient received while in the doctor’s care. All tests, assessments, lab results, and results of surgical procedures appear in the documents.

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With electronic medical records, healthcare workers must enter all details about the patient into the hospital’s IT system to store the data. When starting a legal claim against a doctor, the first piece of the puzzle is to evaluate all medical records and determine how the patient sustained the injuries and whether the doctor is liable for these injuries. Claimants who need help with a legal claim are encouraged to visit Diamond Injury Law for assistance.  

Getting a Second Medical Assessment

Obtaining a second opinion in these cases is a viable course of action. The additional medical assessment identifies any additional injuries and documents all conditions the defendant overlooked. The extra records could provide clarity on what the doctor did wrong, how they are liable, and why the patient is entitled to compensation. The second doctor can also detail what treatments or corrective surgeries were or will be required to repair injuries and deal with mistakes.  

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A Medical Witness

When presenting a medical malpractice claim to the court, the plaintiff needs a medical witness who is a doctor in the same field as the defendant. The doctor must have the same credentials and a similar work history. The individual should have the training to answer questions in court about the patient’s injuries and explain what alternative action could have prevented these injuries. When reviewing the patient’s records, the doctor must show how the defendant made a mistake, is liable, and owes the patient monetary damages.  

Eyewitnesses Who Witnessed What Happened

After a medical malpractice occurs, the hospital board interviews all parties who were involved. If the patient files a lawsuit, their attorney has the right to depose all healthcare workers or other individuals who witnessed the patient’s treatment and gather the facts. Hospital boards try to eliminate liabilities quickly, but the attorney can get information from any of these individuals to substantiate the victim’s allegations.  


Managing Potential Settlement Offers

In medical malpractice cases, hospital boards try to settle out of court to mitigate financial losses and blows to the hospital and their doctors’ credibility. The attorney for the patient can evaluate all offers according to the patient’s losses and determine if the hospital is presenting a reasonable settlement offer. If the hospital or doctor does not provide a fair and reasonable settlement, the plaintiff can go to court to collect it through the judge.  

Medical malpractice cases are based on errors and injuries caused by doctors. A prevailing problem in healthcare is when doctors provide a lower standard of care. According to federal laws, all doctors must provide a high standard of care for all patients regardless of any factors that could be discriminatory. By seeking counsel, patients can determine if they have a viable claim and if there is a chance to obtain compensation.  

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