Your health is important, thus visiting a doctor should not feel like a gamble. While patients need to trust the doctor completely, sometimes negligence might take place, thus causing adverse damage. The loss might result in the filing of a medical malpractice case which might involve a medical expert witness. When pursuing a medical malpractice case, disregard these myths and misconceptions.
1. A medical malpractice case is valid only when one is injured due to negligence
Even though medical malpractice includes injury due to negligence, it is not the only definition. You can sue a doctor for other reasons such as misdiagnosis, not treating an illness or injury properly, failure to inform patients of the potential risks of a procedure and failure to administer the right medication. A doctor is trained to administer medication appropriately, and when that is not the case, you have the right of filing a claim.
2. It is only necessary to prove negligence
Although negligence forms a large part of the lawsuit, it is only one of the four elements that should be proven in the trial. The first item to be established is that it was the professional’s duty to treat the patient. Healthcare professionals are not always obliged to deal with every patient. Negligence is the next element. To prove negligence, you might require having a medical malpractice experts witness. The third one is the injury. The oversight ought to have resulted in some damage or injury. Finally, the patient should prove how the negligence caused an emotional, physical, financial or emotional impact.
3. Only doctors can commit malpractice
Many people assume that negligence applies to surgeons and physicians, which is not the case. All medical professionals, including nurses, pharmacists, and clinical officers are charged with caring for patients and when they are negligent, they ought to face the due process of the law.
4. Suing for medical malpractice is too costly
It is true that medical malpractice cases are more expensive as compared to other personal injury cases. However, this does not imply that you cannot proceed with your case if you have been wronged. Consider hiring an attorney who works on contingency terms. This indicates that medical and legal fees are paid out of the final settlement or judgment. Thus, the patient will not be required to pay a dime until the final verdict. If you are interested in learning more, visit JD MD.
5. You should agree to the first settlement offer
It is not uncommon to find insurance companies intimidating patients who have filed malpractice claims into accepting a payout instead of going to court. They will convince the patient that trial will be too expensive in a bid to get them to accept the little payout. It is important to know that you do not have to accept the first offer, especially if you feel your case is worth more.