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Malpractice refers to an omission or an act by a physician during patient treatment, which differs from conventional norms of practice in the medical profession and leads to an injury to the patient. Trust is a significant factor in the relationship between the medical professional and the person. When the one visits a doctor, he or she believes the physician will use his or her expertise and training to diagnose and treat conditions appropriately. In situations where there is a breach of such confidence due to a doubtful activity on the part of the health professional, then that result in a medical malpractice case. The paper will expound more on the steps used to prove malpractice.
Steps Utilized in Proving Malpractice
There are several steps that a person should follow while proving medical malpractice. The first one is to contact the involved healthcare professional who has treated the client before the latter filing a claim (Studdert, Mello, & Brennan, 2004). The goal of the patient is to understand what might have gone wrong and whether it can be corrected. In most situations, healthcare workers are willing to provide a remedy or a solution. The second step involves contacting the appropriate medical licensing board if the previous action does not bear fruits (Mangalmurti, Murtagh, & Mello, 2010). Although the licensing board may not be in a position of ordering the professional to compensate the patient directly, it can discipline and provide the practitioner with warnings and the patient with the guidance of the next steps to take. The third phase includes knowing how much time the client has to file a claim (Yoon, 2001). All civil claims encompassing health malpractice cases contain the respective limit (Viscusi & Born, 2005). It is therefore significant for the affected patients to check state laws in their particular states to make sure they do not run out of time for filing their claims.
The fourth step includes getting a medical assessment for confirming that client’s case has solid grounds Many states want victims to file what is mostly called a “certificate of merit” for determining that injuries that a person has suffered are due to negligence on the part of the medical professional (Yoon, 2001). For an individual to file a certificate of merit, the one must first consult an expert and frequently another health worker to review his or her medical records and confirm that the primary health professional diverged for the conventional medical practice and caused injuries (Studdert et al., 2006). The lawyer hired by a person will file the certificate of merit that clarifies that the client has spoken with a healthcare expert and that one’s action has merit. The next step encompasses considering out-of-court settlement (Yoon, 2001). Most malpractice cases can be costly and time-consuming, and can be settled outside the court. Besides, insurance companies that deal with medical malpractice reject many of these claims (Viscusi & Born, 2005). The last step involves contacting a health malpractice attorney. Finding a professional competent at medical issues can determine whether the individual will be compensated or will leave the court empty-handed (Viscusi & Born, 2005). A qualified attorney will be able to expound more on the weaknesses and strengths of the client’s case and advise the one on the way forward.
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Patients harmed or injured due to inadequate medical treatment or a poor diagnosis set by a health care provider mostly seek to prove medical malpractice cases. A health professional bears the responsibility for meeting suitable standards of care for their clients. Besides, patients possess the right of knowing every detail concerning their condition. It is therefore important for them to know steps that they can follow when they encounter cases of medical malpractice. This knowledge can help to ensure that health care workers face consequences of their malpractice and patients receive high-quality health care.
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