Defense Of Medico-Legal Cases Against Doctors

Defense Of Medico-Legal Cases Against Doctors

Defense Of Medico-Legal Cases Against Doctors

Defense Of Medico-Legal Cases Against Doctors

Upon receiving a legal notice alleging a malpractice against a doctor, it cause a lot of emotional disturbance whereas the medical professional reputation is gained over years through sheer hard work, expertise, and skill acquired by strenuous training and investment over the years.

It is very important to reply the legal notice in a very thorough manner. A well prepared reply will serve as the basis of a Written Statement to be filed in case a Complaint is instituted against the doctor and / or hospital. Quite often a well prepared notice reply shows the fact that the hospital and doctor will not succumb to pressure and speculative cases will be fought hard.

Special attention should be given to expert report that is presented by a qualified and independent medical professional. It is most important to keep in mind that the complainant has to prove that the provided treatment ( including pre- and post-operative care ) was so deficient that it did not meet the skill and / or standard expected from average medical practitioners and not that of a highly qualified and exceptionally gifted person. The defending doctor or hospital has to inform the medical committee about the accepted practice in treatment, any patient negligence in availing treatment promptly, or following medical advice etc. In addition, medical professionals need to maintain a good relationship with their colleagues in the profession. Whenever a hospital or a doctor finds itself or himself in a situation where it is very likely such an act falls under the category of medical negligence, then the doctor and/or hospital are entitled to engage the services of a lawyer to represent them in the matter.

Without doubt, the fact that prolonged litigation adversely affects the reputation of a doctor or hospital even though he / it eventually wins the case. While no one can deny the fact that there are genuine cases involving medical negligence, the issue that bothers the medical society is that quite often irreparable damage is caused to a doctor or a hospital on account of a large number of speculative complaints.

To summarize, a good defense that has to be put up by the doctor includes the following:

1. Seeking the services of a good lawyer. The doctor and /or hospital are entitled to engage the services of a lawyer to represent them in the matter. We at “Mohamed Al Marzooqi Advocates & Legal Consultancy” have expert staff in this field with many years of experience in this field.
2. Adhere to time line to file the written statement, affidavit, and all other documents as required.
3. Maintaining a case history, clinical records, affidavit of all the treating doctors, X-rays, laboratory test results, etc. which all will be of high importance to aid in supporting the doctor’s claim.
4. Special attention has to be given to the expert report of a qualified and independent medical professional. It is advisable to file an affidavit before the expert as well.
5. Drafting an excellent defense memorandum that cover all aspects at the time of the hearing.
6. Supporting medical literature on the subject should be submitted.
7. Presenting a relevant case law on the subject will also be helpful.

Mohamed Mahmoud Al Marzooqi law firm

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

“Defense Of Medico-Legal Cases Against Doctors”