The Reasons Malpractice Victims Receive Nothing Medical malpractice cases are among the most difficult a lawyer will ever handle. A medical malpractice case WhatsApp: +971555570005
The Reasons Malpractice Victims Receive Nothing
Medical malpractice cases are among the most difficult a lawyer will ever handle. A medical malpractice case requires the patient, the “plaintiff,” to prove that his or her doctor, hospital, or nursing home, the “defendant,” deviated so far from what is accepted as “standard” diagnosis and treatment that the law considers them to have been “negligent.”
The plaintiff is also required to prove that the doctor’s negligence was a primary cause of the injury that the plaintiff has suffered. The case must be proven by expert testimony. That is, other doctors in the same specialty as the negligent doctor must be willing to say that the conduct of the defendant fell below accepted standards. Simply making a mistake or getting a bad result is not enough – we must prove that it was a really major error which directly led to your injury. Yes, it’s true. Doctors sometimes “get away with” malpractice because the injury they have caused is not severe.
It is very important to indicate that just because serious injury or even death resulted from a doctor’s care, this does not mean that malpractice occurred. People get sick and die each day from reasons other than malpractice.
In order to determine whether you have a case, we must first gather all of the pertinent medical records involved in your care. We also must have a complete, honest statement of facts from you – please don’t hide anything from your lawyer. Once all of the records are received and reviewed and you have been interviewed, we will tell you if it looks as though there is a provable case of medical malpractice. If the case looks meritorious, experts in the appropriate specialty must be consulted and retained by us. Again, these experts must be of the opinion that the medical care received was substandard and that the substandard care caused major injury or death.
Once we have retained experts who are prepared to testify on your behalf, other records, including employment records and tax returns, must be obtained. These will aid us in proving the damages which have been suffered due to the malpractice. Your financial and employment records must be full, complete and credible in order for us to include them in your claim that you have suffered financial damages as a result of malpractice.
The Reasons Malpractice Victims Receive Nothing:
1. Patients don’t know they are victims of medical malpractice.
2. No autopsy was ever performed.
3. Even though the doctor committed malpractice, the disease or illness likely would have resulted in death anyway.
4. A physician’s poor bedside manner does not constitute negligence.
5. The patient suffered no significant damages.
6. The injury suffered was not necessarily caused by the physician’s or hospital’s mismanagement:
– the injury was an unpreventable result of the initial condition/injury.
– the injury was due to the patient’s noncompliance with medical advice.
– the risk of the patient’s particular injury was an acceptable one.
– some other party was responsible for causing the injury.
– the injury was caused by a previous illness or disease
7. The plaintiff has not retained an experienced attorney. This is a very important aspect, we at Mohamed Al Marzooqi advocates & Consultancy has excellent specialized experienced legal team fully capable to provide all support and consultation in medical malpractice field.
8. The statute of limitations has expired.
9. Jurors have been biased by the insurance industry.
10. The Plaintiff is Unable to Hire Good, Qualified Experts.
Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE