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| Medical Negligence --- For Yourself |
| Introduction |
Medical malpractice or negligence is a term applied to any act done by a health care professional, hospital or hospital staff that has deviated from the acceptable standard practice and has caused injury to you. If you believe that the injury caused to you is because of improper medication, diagnosis or improper medical treatment then you can claim compensation. Most states of USA allow 2 years time to file a case for claim. However, if you have not filed a case within the two years from the injury or treatment, then you may need to consider meeting an experienced attorney.
You must know however a few things before you can file a malpractice action against a health care professional, doctor or hospital. In most states you have to file a “certificate of merit”. Certificate of merit is nothing but a certification by another physician that you were subjected to medical malpractice. The physician conducts tests, studies medical records and then gives the certificate of merit.
This is very important, as it shows that the attorney has gone through all possible angles before filing a case.
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| The Law Says, |
In order to successfully claim compensation for ‘medical negligence’, you should be able to prove that:
(i) The doctor or other healthcare professional who gave treatment to you, did not follow standard procedures and did not follow his obligations as a qualified medical professional.
(ii) His/her negligence has caused an injury to you.
If you are able to prove this, you are likely to recover compensation for:
(i) The physical scars and injuries that you had to suffer.
(ii) That you could not enjoy your life after the injury.
(iii) The salary/wages that you lost and will lose in the future because of your injury.
(iv) Medical expenses and other types of expenses that you incurred because of the injury (e.g. traveling to the doctor, medication charges, equipment you need to use as a result of your injuries, and similar future expenses).
(v) Household expenses, expenses borne to get attention from a person who took care of you.
vi) Loss of enjoyment, love, companionship, mental anguish, mental suffering. |
| You should carefully preserve all documents including the medical slips, invoices, receipts that will help you to claim for compensation. |
| You may not get adequate compensation, if you were found to be guilty of negligence yourself. Such negligent behavior includes for example taking unprescribed medicines, not following physicians instructions etc. Your compensation may also be reduced if you receive any state benefits to compensate loss of wages, loss of mobility and care. |
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