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Medical Malpractice: How to Take Effective Legal Actions

By Edited May 22, 2015 0 0

Sick people go to the hospital and seek medical help in order for them to feel better. However, there are situations where the condition of the patient gets worse instead of getting better. These instances usually happen when a medical specialist commits a mistake while doing his job.

The following are some of the common situations where medical malpractice takes place:
• A doctor prescribes the wrong medication.
• A nurse gave the wrong drug to the patient.
• A medical specialist made a wrong assessment or diagnosis of a patient's condition.
• A medical operation was conducted erroneously.

All the actions above may or may not harm the patient. If the patient was unharmed, an apology may be enough to solve the problem. On the other hand, if the person's sickness was aggravated and he was hurt because of the medical malpractice, his relatives may file a claim against the attending medical personnel, the hospital, or both. However, there are some things the claimant should prove first before pursuing the complaint. Here are some basic factors you should consider:

• The medical personnel have a duty to the patient.
• The standards of care and treatment of the illness were not followed by the physician, which means it is a breach of duty to the patient.

• The patient was injured because of a wrongful act.

In order to make a party liable in a medical malpractice claim, the claimant should prove that the medical personnel deviated from the standards of medical care. Unlike other types of legal cases, the pressure in proving fault in these kinds of claim is not on the plaintiff or complainant, but on the defendant.

If the defendant is the hospital administration, it should prove that the injuries of the patient and his sickness were not caused by its employees' negligence. What the plaintiff must do is to show evidence that his relative was not responsible for his own injuries. The best way to do this is to get legal assistance.

Obtaining legal assistance in matters like this is relatively easy. The plaintiff should just hire a personal injury lawyer who lives nearby. For instance, if the complainant resides in L.A., the assistant he should get should be a Los Angeles injury attorney.

For people, the hospital would be the last place where they can be sick or injured. Unfortunately, it is possible for this to happen. In case a medical expert commits medical malpractice, the compromised patient can hire a Los Angeles personal injury lawyer to make him pay.

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