Simple Overview of Medical Malpractice

John Fisher
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Stopping Medical Injustice

The very phrase, “medical malpractice”, is often difficult for people to understand.  So too are other phrases used by lawyers and judges when discussing medical malpractice.  After all, what exactly is a standard of care; deviation; causation; voir dire; dismissal; commencement; motion; pleadings; damages; and every other word used when people sue one another. 

The experienced Kingston medical malpractice attorney that has worked in the profession for many years knows that victimized patients have enough to worry about, much less have to worry about learning the language of the law. 

Quite simply, medical malpractice is negligence; plain and simple.  A doctor or some other medical professional made a mistake and harmed the patient.  I am not just talking about any simple mistake.  The mistake is one that a doctor should never have done, and in fact is a mistake that another doctor would not have made. 

The problem is that many people make mistakes, so it is very important that the doctor’s mistake was one that another doctor in a similar situation would not have made.  Even if it is such a bad mistake, the error must have been what hurt the patient.  Sometimes mistakes happen but it did not hurt the patient; something else caused the patient to suffer. 

Believe me, the doctor’s lawyer will fight tooth and nail to prove that the doctor’s mistake was not what caused the patient’s injury.  The defendant may even concede that the patient was injured, but strongly affirm that the mistake did not harm the patient. 

The defense will even try to prove that no harm was caused at all, even if a mistake did happen.  Why is this important?  It is important because in order for a victim to collect compensation from the wrongdoer, the victim must have been injured. 

This is where the term, “damages”, comes into play.  What are damages and why are they so important to the success of a medical negligence case?  First and foremost, a court would say, without damages there can be no compensation. 

Damages refers to any and all losses that the injured patient has been forced to face as a result of the doctor’s negligence.  Being negligently harmed by a doctor can cause a tremendous amount of pain.  The victim will suffer physically and emotionally.  This pain and suffering can be translated into a monetary amount.  The negligent doctor can be forced to pay the victim that amount.

Other types of damages are wages lost due to missing work because of the doctor’s negligence.  Out of pocket medical expenses paid for by the patient can be compensated.  The same holds true for rehabilitation costs. 

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

 

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