Question

How can a patient recieve compensation without proving negligence by a physician?

Answer 1

-- The term Medical negligence is often same as Medical malpractice.Medical negligence is only only one required legal element of a meritorious (legal valid) medical malpractice claim.

-- A doctor was negligent,just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice.The doctor must have been negligent in connection with your diagnosis or treatment.To sue for malpractice,you must be able to show that the doctor caused you harm in a way that a competent doctor,under the same circumstances,would not have.The doctors care is not required to be the best possible,but simply 'reasonably skillful and careful'. Whether the doctor was reasonably skillful and careful is often at the heart of a medical malpractice claim.Atmost all states require that the patient present a medical expert to discuss the appropriate medical standard of care and show how the defendant deviated from the standard.

To prove that medical malpractice occurred,you must be able to show all of these things :

1) The doctor was negligent.

2) The doctors negligence caused the injury.

3) The injury led to specific damages.

4) Failure to diagnosis.

5) Improper treatment.

6) Failure to warm a patient of known risks.

How to file a claim for the compensation of medical malpractice:

-- Medical malpractice is a complex case requiring the assistance of a specialist to help you establish your claim.If you think that you have a case for medical negligence,it is important for you to consult a malpractice specialist who will take your statements and make a preliminary assessment of your case.

-- If medical negligence appears on the preliminary assessment,the specialist will conduct a closer investigation of your case by obtaining your medical records and reports from your treating doctors and an independent medical expert's opinion to bolster your claim.

-- You will also be asked to produce documents such as receipts,records and other papers providing financial costs and losses that you incurred as a result of the injury or harm you suffered.