We hear of people claiming they have suffered some form of injury as a result of medical malpractice all the time. But malpractice lawyer in Philadelphia does not just accept the cases these people bring before them. The reason is that while errors happen all the time and in many different ways, not all of them cause a medical professional to be liable. Even in our technologically advanced world, mistakes will happen despite strict adherence to accepted levels of professional medical care. This is not something that is easy for most people who believe they have suffered as a consequence of medical malpractice to understand, especially when emotion takes control.
Fortunately there are legal professionals who specialize in medical liability. These medical malpractice lawyers fully understand that not all errors result in liability on the part of medical professionals. And it is their expertise they use to the advantage of their clients. So they are helping their clients even when they hand out rejections – they are then basically preventing their clients from expending time and resources on a losing cause. Remember that the doctor will have lawyers too and that the American Bar Association will not take sides.
So what does it take to say that a medical professional who has committed an error in administering treatment may be held liable for the mistake? Here are a few things that need to be properly established:
a) The first thing to establish is if there was an error in treatment in the first place. Records may be reviewed to support any claim of erroneous treatment.
b) Then the error must be attributable to neglect or significant deviation from the accepted norms of treatment. A surgeon who uses unsterilized implements, or a doctor who decides on his own to use his patient as a ‘guinea pig’ for unproven treatment regimens may be asked to answer for their behavior.
c) The error in administration of diagnosis and treatment should have resulted in significant injury or damage to the patient. If the medical practitioner is fortunate not to have caused injury despite his error, he may be subject to disciplinary measures but such error may not be subject of a malpractice complaint.
d) The medical error should have been made at a time when the injured party was a patient of the medical professional.
The above list is enough to establish liability. So a doctor is liable – great! Now how do you get a malpractice lawyer in Philadelphia to take the case to court? Then there is a need for documentary evidence and any witnesses which would prove what to the courts would simply be allegations. It must be remembered that anyone accused before the courts enjoy a presumption of innocence. The burden of proof lies with the accuser; with the one claiming to have suffered injury attributable to medical malpractice. To determine if you have a malpractice case worth filing, visit www.ml-law.netand schedule an appointment with a good lawyer.
While the legalities may be incomprehensible to us, we need not go it alone. There are many competent malpractice lawyers who can help.> Read More