When a patient chooses a doctor to care for them, they are putting a wealth of trust into that person's hands. Armed with much knowledge and experience, doctors are expected to not only care for their patients, but also go the extra mile in order to help their patient be well once again. However, there are times when doctors, due to various circumstances, commit errors that directly impact their patients. When this occurs, the question of whether to sue the doctor is often asked. Below are a few advices from the office of Dr Simon Weight in Perth.
The Basics of Malpractice Just because a doctor commits an error does not automatically mean they are guilty of malpractice. To be guilty of malpractice, a patient must prove the doctor acted negligently by violating the standard of care. This standard, which is defined as the professionally accepted method for treating a disorder, can vary depending on such factors as a patient's age, overall health, specific disorder, and other mitigating circumstances. Along with violating the standard of care, a patient must also be able to prove the error caused the injury. Known as causation, it can sometimes be difficult to prove, and often requires using expert witnesses during a trial.
Doctor Error Malpractice There are many different situations that can constitute doctor error malpractice, such as:
--Administering the wrong treatment
--Losing a patient's medical records
--Poorly trained staff
While all of these instances sound as if they automatically constitute malpractice due to doctor error, that is not necessarily true. Because medicine is not considered an exact science, doctors are give some leeway when it comes to expectations of being 100 percent right each and every time. Ultimately, most cases come down to whether or not the doctor violated the standard of care as to whether malpractice occurred.
Medical Negligence Lawyers If you believe you have been the victim of medical malpractice due to doctor error, you should contact a lawyer experienced in such matters. To make sure you have everything possible to show the attorney what has happened to you, it's critical to bring along a number of documents to help the attorney assess your case. Some of the most important documents to bring with you include:
--Photos of any injuries you have suffered due to malpractice
--Letters sent to you from the hospital or doctor
--Letters sent to you from insurance companies
By having these documents with you from the beginning, the lawyer can provide a more accurate assessment of your case before deciding whether or not to pursue legal action against the doctor. One important aspect of these cases is the statute of limitations, which in most cases is two years from the time the injury occurred. If you believe you are the victim of medical malpractice due to doctor error, filing the lawsuit as soon as possible may determine the outcome of your case.
By taking all of this into consideration, you will be able to accurately assess the situation and let an attorney decide if you have a case that should be pursued. While medicine may not be an exact science, it should still provide a reasonable level of care to those needing help.