Medical malpractice: A complicated legal affair
By: Jorjina | Posted: 31st January 2011
Medical malpractice is not always intentional. However, there are several scenarios where a medical professional is negligent while treating patients. This may result in misdiagnosis. There may be injury at the time of any operation too. This may result in permanent injury too.
It must be kept in mind in this regard that personal injury law is not a federal law. As a result personal injury law is dealt at state level. This brings into the scenario variations in same offence from state to state.
A patient after being victim of misdiagnosis in a local medical facility finds to his dismay that the doctor is not an employee. In this type of complicated legal issue who is liable for compensation? There may be a situation where the victim has been shifted from one medical facility to another for better treatment. However, when the patient is discharged he realizes that he has been a medical malpractice victim.
Then the question arises, who is responsible for the medical malpractice done to the patient? A lawyer is an expert in law but not an expert in medical science. In order to reconstruct the case you would require the advice and evaluation of another medical practitioner.
All states make it mandatory to have a testimonial from a registered medical practitioner along with the lawsuit. The testimonial is an assertion about the validity of the lawsuit. Since, the compensation claim can run into millions of dollar depending upon the nature of the lawsuit. Several states have made it mandatory for doctors to have liability insurance.
In this type of insurance policy the insurance company pays the compensation payment. As a result the insurance company tries to reduce the compensation payment by hook or crook. Common defense strategy is to blame the victim that the injury preexisted. It must be clarified in this regard that the same injury can be used to claim compensation though a similar injury has occurred to the victim in the past.
Statistics of a city may vary based on several factors. The population of the desired region, the number of medical facilities will determine the medical malpractice case volume. There are several small cities in USA like the Johnson City in Tennessee. This city was previously a rail road conjunction point. In case you are a victim of any form of medical malpractice related persona injury approach a Johnson City Medical Malpractice Lawyer.
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Tags: validity, offence, scenarios, testimonial, insurance company, dismay, insurance policy, liability insurance, personal injury law, medical malpractice, assertion, compensation claim, medical practitioner, medical science, medical facility, medical professional, misdiagnosis