subject: The Severe Penalties For A Case Of Medical Malpractice [print this page] Being confined in a hospital does not always mean that you are already safe. What if medical negligence resulted to aggravated injury and pain on the patient? Should there occur a case of medical malpractice, the attending physician, if the negligence rests upon him or her can be facing a great legal battle. The doctor needs an expert lawyer who can disproved that there was no negligence and that what was sustained by the patient did not arise from malpractice.
What is medical malpractice?
This pertains to doctors, nurses and other personnel in the health service who through negligence caused pain and/or injury on the patient under their care. A wrong diagnosis, a delayed treatment or even an erroneous drug prescription or dosage administration can be grounds for medical malpractice. If the case is raised against particular health officer, the burden of proof is on him to prove the absence of the requisites, such that case of medical malpractice cannot prosper.
The penalty is very stiff, should the malpractice case be proved against the supposedly erring doctor, nurse or health officer. Thus the employ of a proficient attorney is necessary. Aside from the stigma of being branded for incompetence, the physician can be made to pay monetary compensation to his victim.
The law provides compensation to the victim.
*Hospital and medical bills - All the expenses on medication and hospitalization relevant to the incurrence of malpractice will be reimbursed by the concerned medical person. Even drugs to be continued upon discharge will also be for the account of the offending party - so long as the drug is taken in connection to the injury caused by malpractice.
*Loss of income - Because of the, the victim cannot perform his usual tasks, including going to work. Thus, he will be losing income. The actual income being earned by the victim will be computed and will be required of the offender for reimbursement.
*Non-economic monetary compensation can also be included in the claim. This can take the form of emotional disturbance, loss of care and such other non-economic benefits that could have arisen from the injury. Although difficult to quantify, this kind of claims can also be computed and the verdict will be dependent upon the result of the legal battle.
*Should the case be very strong against the accused, his license to proactice his profession can be revoked.
*Depending upon the merits of the case, the erring offender can also face imprisonment.
The defense would really be crucial and if you were accused of medical malpractice, just do not take time thinking whether to get or not the services of a qualified lawyer.
