What are Medical Malpractice Disputes and how do they arise?

Medical Malpractice Disputes generally arise when any medical negligence is committed by any doctor, staff, nurse, hospital, or medical centers during treatment to the patient. Due to which an injury or loss incurred to the patient is outcome of medical negligence committed by the persons named above.

Whereas many disputes arise due to medical malpractice committed by doctors, hospitals, or nursing staff, by performing wrong and inappropriate kind of surgery or by giving wrong medical advice which ultimately leads to irreparable loss and persistent pain to the patient/sufferer or to his family members. It is noteworthy that the consequences of such malpractice may not be cured later.

The doctors, medical staff and hospitals are trusted worldwide as they perform a significant duty of trust by rendering their medical services. Thus, doing negligent acts causes irreparable loss to the person/patient who trusted the said medical practitioner/staff leads patients or their family members to file complaints before the competent authorities in order to indicate the gross medical negligence committed by the concerned doctor and to seek civil claims against the doctor, hospital, or medical center. Moreover, if in any case, any part of the patient body is affected or damaged by said malpractices, families or patient seek separate financial compensation for that damaged part.

Nour Attorneys Law Firm has a team of best medical negligence lawyers which utilizes their extensive experience to represent several doctors, hospitals and patients in many complaints and litigations related to medical malpractice as well as in civil claims or financial compensation. Moreover, in medical malpractice dispute litigation several problematic issues arise which require a piece of proper advice and a good experienced medical malpractice lawyer. Thus, who can understand the nature of medical malpractice and can be able to convince the competent authorities that has the right to convict   doctor and to ensure easy access to compensation in the later stages of litigation.

Therefore, it is highly important to hire a good experienced medical malpractice lawyer to convict the doctor professionally before the criminal conviction and resort to a civil action for compensation.

Points for Consideration in Medical Malpractice Disputes

Our medical negligence lawyers would like to bring some challenges to your attention, which can be faced by a doctor or patient while making a medical complaint and they are as follows:

1. How to distinguish between Medical Malpractice and Medical Opinion?

“Medical Malpractice” should be understood as the negligence of a health care professional when performing his/her duties, such as not obtaining the necessary reports for surgery, failing to follow the supposed procedures before initiating a specific procedure for the patient or prescribing the wrong prescriptions for the patient.

While “Medical Opinion” is when a client follows a certain medical opinion   from more than one opinion, according to what he views as appropriate as long as there is a scientific reason for this.

For example, should the doctor perform a conventional open surgery or laparoscopically? This is a matter that shall be subject to the doctor’s report according to the data before him to decide which of the procedures is most appropriate, but if it turns out later that this procedure is not appropriate, this is not considered as medical malpractice on the part of the doctor.

This is because the doctor chose among more than one medical opinion, based on scientific evidence and according to sound data and after following the supposed procedures in such cases.

In case if the medical malpractice is proved, the doctor is held accountable for liabilities such as professional misconduct, criminal and civil. In case if the doctor is found liable professionally and criminally, then it becomes certain that the civil court shall order the defendant doctor to compensate the patient financially.  However, in the case of medical opinion, the doctor is not held professionally and criminally liable, but he may be held accountable for civil liability. Although the likelihood of compensation is low, and the amount of compensation is usually not significant if the court decided that the patient should receive compensation.

2. Understanding the Mechanisms and Causes of Professional Conviction Decisions and How to Respond to Them

You should always know that professional conviction decisions are a powerful factor in winning civil action, and when addressing the adjudicating committee/body responsible for determining liability or challenging their decisions. Then, you should not submit legal defenses and judicial rulings exaggeratedly since the adjudicating body consists of physicians.

Instead, you should urge the said body in your requests and objections to investigate the medical aspect, the supposed procedures and due diligence of the doctor and what was supposed to be taken or clarified to the patient. Therefore, sometimes you should seek the opinion of another doctor, such as getting a consultative report on your part to ensure the strength of scientific arguments against the said committee or bodies.

Thus, considering the framework on the executive regulation of the new Medical Liability Act. The committee shall issue its reports based on a scientific basis, and not based on speculation or assumptions. These are the weaknesses of challenging the report of the committee and your ability to explain that these views are not based on a proof or rather based on an assumption or opinion without scientific evidence.

Role of Medical Malpractice Defense Lawyer

Therefore, the role of medical malpractice defense lawyer is of utmost importance in medical malpractice disputes. Once, the compliant is registered regarding any medical negligence then professional inquiry is initiated against the accused doctors. As, these procedures require better understanding of technicalities and issues regarding medical dispute.

Moreover, these types of inquiries are not binding to any judicial precedents but relies upon the facts and medical technicalities involved in the case, as the said inquiries are headed by the professional experts from the medical field. Thus, a good medical malpractice defense lawyer can only be a best option to secure the interest of the accused persons or organization in such disputes.

At Nour Attorneys Law firm, you can always consult our best medical negligence lawyers having expertise in malpractice dispute litigation. Our Law firm has remarkable track record in area of claiming compensation and in defending the interest of our clients and to ensure the best possible outcome for them irrespective of being a doctor or aggrieved patient.