Medical Errors – Why Lawyers Must Hold Their Defense to the End

Medical Errors – Why Lawyers Must Hold Their Defense to the End

Medical Errors – Why Lawyers Must Hold Their Defense to the End

Medical Errors – Why Lawyers Must Hold Their Defense to the End

In medical malpractice cases, the lawyer bears a critical responsibility: to protect the rights of the injured patient with unwavering commitment. This duty goes far beyond presenting an initial defense—it requires persistence and clarity throughout all stages of litigation, including appeals and beyond. Any neglect or weakness in asserting the defense may result in the loss of the patient’s rightful claims.

Maintaining Defense Throughout the Legal Process

It is a mistake to assume that the defense ends after being presented in the first instance court. The lawyer must uphold every argument and legal point at every phase of the case. This includes the appeal stage, which offers a vital opportunity to reintroduce facts and defenses before a higher judicial authority. Every defense raised initially must be reaffirmed and clearly articulated to ensure it is not overlooked or dismissed.

The Appeal Stage: A Chance to Rebuild the Case

The appeal stage is one of the most crucial phases in medical error litigation. It allows the lawyer to re-present the case before a court of broader jurisdiction. Here, the principle of “transferred effect of appeal” comes into play—meaning all defenses submitted to the lower court are automatically considered before the appellate court. However, this does not mean the lawyer can relax; rather, they must reassert each defense with precision and supporting evidence.

Transferred Effect of Appeal: A Cornerstone of Justice

This principle is not merely procedural—it is a cornerstone of fair litigation. It ensures that the litigant’s full case is heard across all judicial levels. The appellate court is not limited to reviewing procedural errors; it is a court of substance with full discretionary authority, just like the trial court. For example, if the trial court awards a specific compensation amount, the appellate court may increase or decrease it based on the circumstances and the verified medical damage reports.

Compensation Assessment: Judicial Authority and Damage Evaluation

One of the key powers of the appellate court is its ability to reassess compensation. This reassessment is based on the nature and extent of the harm suffered, as documented in certified medical reports. Medical issues are technical in nature and require expert evaluation. Courts rely heavily on these reports to determine the severity of injury and the percentage of disability, which directly influence the compensation amount.

Medical Reports: The Technical Backbone of Damage Assessment

Certified medical reports are the foundation upon which courts build their understanding of the harm caused by medical errors. These reports detail the type of injury, its impact on the patient’s life, and the resulting disability. Without such documentation, proving damage becomes nearly impossible, and compensation may be denied. Lawyers must ensure that these reports are accurate, comprehensive, and directly tied to the legal arguments they present.

Lawyer’s Vigilance and Commitment: Safeguarding Patient Rights

Defending the rights of medical error victims demands constant vigilance and unwavering commitment from the lawyer. Every piece of evidence and every legal argument must be presented and reinforced at every stage of litigation. A lawyer who treats the case with seriousness and maintains a strong defense throughout ensures the client has a real chance at justice and fair compensation.

Conclusion: Strong Defense Is the Path to Justice

Ultimately, medical malpractice cases are not just legal disputes—they are battles for justice and human dignity. The lawyer leads this battle with the tools of law, the shield of evidence, and a relentless determination to uphold the client’s rights. A strong, consistent, and well-founded defense is the only path to ensuring the injured patient receives their full rights and preventing future medical errors that could endanger others.

Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai and Ajman UAE

“Medical Errors – Why Lawyers Must Hold Their Defense to the End”