Managing A Medical Malpractice Case With A Personal Injury Lawyer

by | Jul 27, 2016 | Medical Malpractice

In Massachusetts, patients have the right to expect exemplary health care. When they don’t receive high quality health services, errors are more likely. These occurrences present the probability of injuries. Unfortunately, for some patients, these errors present them with irreversible conditions. A Personal Injury Lawyer helps these victims fight for compensation after errors occur.

Reviewing How the Medical Error Occurred

The first step is to identify how the medical error occurred. The victim’s records are sent to a second doctor for a full evaluation. The patient may also acquire care from this second doctor to correct the error if possible. The doctor determines how the error occurred and provides a full report of the medical injuries.

Proving the Liability of the Doctor

The steps required to perform specific procedures determine if the doctor omitted a step or make the wrong choice. The doctor is liable if they failed to provide protocol and manage the injury correctly. During the medical procedure, the doctor must make choices based on the current status of the patient. However, if these actions proved fallible, the doctor is liable for any conditions he or she created.

Depositions from Medical Witnesses

A medical witness is used to present the findings of medical or forensic testing. These findings determine what action the doctor should have taken. They show how the error occurred and how this choice affected the patient. The witness must possess the exact same credentials as the doctor who performed the procedure. This provides a full assessment based on the findings of their peers.

Negotiating with the Hospital Board

The hospital board may present a settlement for the victim. They may negotiate with the victim’s attorney based on the evidence presented. The attorney advises the victim throughout this process.

In Massachusetts, patients acquire high quality health care from medical doctors. This standard is enforced through federal laws to prevent a medical malpractice. However, if the doctor fails the patient, their patient has a viable case against them. This presents the probability of a monetary award based on economical and punitive damages. Victims who need a Personal Injury Lawyer should contact Daniel and Fontaine LLC for more information today. You can also visit them on Twitter for regular updates.

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