Fundamentals of Medical Malpractice Claims

The branch of personal injury law for medical malpractice is a complex part of the legal system, which needs experts to handle. This is said to be due to the nature of the side effects and its probable causes associated with wrong diagnosis, wrong/spurious medication, wrong treatment and surgical procedures. In some cases the causation of the side effects could be doubled due to existing health conditions. In every case of medical malpractice side effects, the lawyer needs to be assisted by medical expert who has specialized in the specific type of personal injury caused. Working with such an expert your lawyer will be able to expose the root cause of personal injury and stake the claim for compensations successfully.

Three Goals of Lawsuits

The system at Parker Waichman Florida office works towards three fundamental goals in case of medical malpractice lawsuits. The first and obvious goal is to get you the proper compensations for the injuries caused. The second goal is to establish the severity of defective system for the benefit of community. The third goal is to possibly prevent the repetition of such malpractices by the medical center/ hospital/ clinic in the future.

  • There are two forms of justice which can be delivered by the legal system with respect to medical malpractices, namely the corrective justice and preventive justice.
  • Compensations include lost incomes, alternate medication, hospitalization, treatment and therapeutic expenses, physical and psychological trauma suffered during the recovery period etc. In some instances the claim for insurance settlements is also made by the lawyer, depending on the coverage plan you have bought earlier.
  • Though the lawyer may not press charges after the claims of compensation are cleared by the defendant, the court of law might take up the issue further for cancelling the practitioner and treatment license of the concerned hospital/nursing home. This depends on the nature and intensity of the health damages caused to you.

Complex Investigation Procedures  

The procedures involved in the investigation procedures are said to be complex in nature, depending on the nature and intensity of the personal injury caused.

  • In some instances the existing health condition might have initiated for the worsening of side effects. A simple example for this can be allergy to penicillin. The doctors normally give test dosages to test your body’s reaction to such medicines. But if the practitioner has not bothered to test or ask you for the symptoms of allergy, it may result in negative side effects. In such cases the defendant might argue his case based on your existing health condition being responsible for the negative side effects, and not the medication. Then your lawyer may have to take the help of a third party medical expert to diagnose your reactions and establish the case against the defendant doctor to prove his negligence.
  • This is just a small example. When the complex cases of treatments related to central nervous system, heart or metabolic systems produce negative side effects, the procedure could be highly complex in nature. The combination of a medical specialist and an expert lawyer is often required to win the lawsuits and compensations.