If you have experienced abuse, whether at home or in the hospital that in one way or the other involved a medical practitioner? Well, if so, you really need to file a case as the nursing home abuse lawyer Lexington KY advise the clients. However, most people do it, they file the case but quite a significant portion of the already abused people do not file for these cases because of one reason or the other. Therefore, today I shall be breaking it down for you, you will be able to understand what happens in a medical malpractice case as advised by the medical malpractice Lexington KY.
Before sinking into the mires of a medical case, we have to be familiar with the term informed consent. Well, if a patient does not give the informed consent to the medical practitioner about a given medical procedure, but the doctor or the practitioner goes ahead with the procedure, he may be liable for any results that the patient may experience after wards. Talk about effects in pain or distortion. Even if the procedure was carried out successfully but the patient was unaware of it, he may choose to file a complaint.
What a medical case involves
The elements of the medical case are much similar to the elements of an ordinary case. Only that this time we are changing the vocabulary to fit the medical perspective. Here are some players in the medical case;
- Plaintiff who happens to be the person who is complaining. It could be the patient himself or a legally designated person who acts on behalf of the patient. It could a family person or a friend. The plaintiff brings the case against the other in a court of law.
- The defendant who happens to be the person being sued. It could be the doctor, a nurse or the hospital itself according to the legal malpractive attorney Lexington KY, the legal capacity of the defendant is so much restricted as his actions are questionable.
In the same context, we have to find the prevailing party which is the wining party. It could be either the defendant or the plaintiff.
To succeed in a medical malpractice claim
The plaintiff is supposed to provide or to prove four elements existed. If he does this, he will have succeeded in a medical malpractice claim. These are;
- A duty that was owed by the health care provider.
- A duty breached as a result of the healthcare negligence.
- The breach resulted in harm or caused injuries or is closely related to the injury.
- Considerable damage resulted for the patient.
If the patient is able to provide this, then he may prove that the health care provider is to be liable for the damages caused.
That basically is a typical medical case and the elements in a medical case. Therefore, the next time you find yourself being abused or have a claim as in the medical malpractice Lexington KY but you really don’t know the way forward, you have known the knowledge that will push you forward.