When can you file a Medical Malpractice Claim?
?If people understood that they are responsible for their own health, the many cases of medical malpractice would reduce. However, people are unaware of this fact hence believing in everything that their medical providers tell them to do without question. It is not always that the doctor is right. Being responsible for own health means that one should question why some medication must be taken and whether alternatives exist to the treatment. At times doctors make wrong diagnosis and treatment, which puts the patient at risk. When this happens, the patient has the right to make claims for compensation for any damages caused. Due to the complicated nature of the laws, making such claims on your own can be difficult and this is why a good lawyer like those found at Cummings Manookian PLC are very important since they understand the law.
Proving negligence in medical malpractice
For a medical negligence claim to be valid, one must prove that there was negligence from the side of the doctors. A good attorney will definitely prove this with ease; the Cummings Manookian PLC has lawyers?that could help with this. The medical service provider has a duty of care towards the patient. If he or she does not provide this care to the expected levels, then there is a breach of duty and one is liable for any damages resulting from the negligence. Additionally, the patient must prove that he or she has suffered mentally or physically from this negligence unless there were some other underlying conditions resulting to the sufferings. Typically, there must be a relationship between the patient and the doctor, negligence of the doctor must be proven and this negligence should be the one that results to suffering for the claim to be valid.
Which are the common medical malpractices?
Well, many situations lead to a medical malpractice among them being:
- Wrong or no diagnosis: When a doctor does not make the right diagnosis or does not recognize the disease of the patient yet the same patient could receive the proper diagnosis from another doctor in the same circumstances, then there is medical negligence from the part of the doctor involved. Hence, the patient has the right to make claims.
- Poor treatment: At times the doctor provides wrong treatment, or might provide the right treatment but in the wrong way. Improper treatment gives the patient some rights to make a claim.
- Lack of warnings over some clear risks: The doctor has a duty of informed consent in that they must warn patients of any risk of undertaking certain treatment or procedures. If this does not happen, there is a breach of duty.
Important issues in a medical claim
If you have to make a medical claim, you need to find out how much time you have for filing your case. Generally, the medical claims have time limits and one must make claims as soon as possible not to be locked out when the time for claiming elapses. Similarly, it is necessary to talk to the medical practitioner to understand what went wrong in the process before making claims. Choosing a competent lawyer favors your medical malpractice claim. The Cummings Manookian PLC lawyers could offer the help you need.
Business Name: Cummings Manookian PLC Address: 45 Music Square West, Nashville, TN 37203 Contact Name: Brian Manookian Phone: (615) 266-3333 Mobile Phone: (615) 266-3333 Logo URL: http://www.cmtriallawyers.com/wp-content/uploads/2015/05/CMLandingLogo.png Tagline: Real Trial Lawyers, Helping Real People Trading Hours: 7am - 7pm Trading Days: Monday - Friday Payment Types: Visa, MC, Amex, Disc, Check Year Founded: 2014