MEDICAL NEGLIGENCE: A VICTIGE PROTECTION TACTICS

When a person is looking for quality medical care, he expects that by default he will receive an appropriate level of services in such a responsible area. However, in practice this does not happen in all cases, and medical negligence often causes the patient to be harmed by his health due to a mistake made by a specialist.

What is the difficulty in defending the rights of the patient

On the one hand, the legislation provides all the necessary mechanisms for the victim to protect his rights. In addition, this often becomes problematic in practice. Let's look at the reasons why this happens. Among the factors that make it difficult to protect the rights of the victim, it should be noted that:

• it is important to prove a causal relationship between the deterioration of the patient's health and specific medical manipulations or, conversely, the doctor's inaction;
• examination requires that the specialists conducting it have deep professional knowledge;
• sometimes there is a need for the examination to be repeated;
• things get more complicated when the opinions of the evidence assessors diverge from each other.

Given the complexity of this category of cases, professional legal support is an essential guarantee that they are more likely to be won. The task of a qualified lawyer is to prepare for the court session in such a way that all the accents are correctly placed and the evidence base is investigated. A thoughtful approach in preparing for a trial greatly increases the chances of winning it.

What is the result of a good lawyer

When a person has received damage to his health, the emphasis is primarily on compensation for material damage. This includes all losses suffered by the patient as a result of such a situation in the context of costs or lost benefits. Property damage includes:

• the income suffered by the victim as a result of loss or reduction in working capacity;
• expenses for special meals prescribed by doctors;
• rehabilitation costs (for example, in the format of spa treatment) and other related costs.

However, material harm is not the only thing a lawyer focuses on in such a situation. For example, it is important to take care of compensation for moral damage as a result of the experiences and stress that a person has experienced due to medical negligence. When there is obvious property damage, people often overlook this factor. However, this should not be done. Adequate compensation for the harm caused in all important aspects should be oriented. Moral damage is expressed in such dimensions as:

• physical pain resulting from medical negligence;
• concerns about their own health.

Another type of damage that may be recoverable is damage associated with the death of the breadwinner. This situation occurs when medical negligence has led to fatal outcomes. The claim is filed by disabled persons who were in the maintenance of the deceased person.

Despite the fact that this category of cases is quite complicated, a good experienced lawyer knows what to focus on in order to really defend the rights of the patient and his relatives.