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In my work, I am often faced with medical errors and incidents of medical malpractice. As a rule, they relate to areas such as supervision during pregnancy and childbirth, dentistry, aesthetic medicine or surgery. In addition, there are other reasons for going to a lawyer associated with the medicine.
If you suspect that during treatment were admitted to a medical mistake, it is first necessary to prove medical negligence, the infliction of serious harm to the health of the patient and a causal relationship between a medical intervention (surgery, research, assistance during childbirth), and injuries inflicted on the body of the patient.
These three elements are proved by medical opinion in the relevant field, that will determine the extent of damage and the causal link between the negligence of the doctor caused the patient damage. Therefore, it is very important that the lawyer representing your interests in court, had a sufficient knowledge to read and understand medical documentation.
Negligence during prenatal care
The most significant cases in this area are cases of negligence committed during surveillance of pregnancy, and caused damage to the health of the newborn. In these cases compensation is very high, as the components of damages – loss of earnings, pain and suffering – estimated throughout the life of the newborn. Examples of grounds for filing a lawsuit in such cases are: no direction to parents for consultation on genetics, is required in this case; not seen in tests with ultrasound abnormalities; the lack of directions on some of the tests (chorionic villus sampling, amniotic fluid, etc).
Negligence during childbirth
We are talking about cases where, in connection with the actions of the doctors who took birth, had caused serious damage to the mother or the newborn. An example of such negligence is a wrong choice of method of childbirth (for example, childbirth in natural way, instead of a necessary cesarean section). Doctors should take into account all the individual characteristics of the mother and child, and to correctly use information on the condition of the mother and of the fetus that enters the moment of delivery to make the right choice. Also common case is ignoring the signs of oxygen starvation of the fetus that appear on the monitors. The consequences of this negligence can be detrimental to the child and cause a lot of grief to his parents.
Medical negligence in dentistry
One of the most common cases of medical negligence is carelessness specialists in the provision of dental care. Unfortunately, the situation in the field of dental medicine leaves much to be desired. Many experts are sorely negligent in their work. In order to get compensation and file a medical malpractice lawsuit in the field of dentistry, you must consult a qualified attorney, expert in medical jurisprudence who can competently make a claim and to direct a potential claimant to a qualified expert for a medical opinion. That, in turn, describe the causal link between negligence and damage, and provide a competent assessment of the cost of necessary procedures that need to the patient to eliminate the consequences of medical errors.
The imposition of paid medical services
Agents nedobrosovestnyh medical centers entice older people to the clinic, often promising a free diagnosis or some kind of affordable sanitary service at the reception and begin to intimidate the patient’s serious condition requiring prolonged expensive treatment. Moreover, in some cases, representatives of medical centres even come home to his future victim. Unfortunately, an elderly person can not always adequately assess the situation, hesitate to consult with friends or relatives and under emotional impact pays or signs a contract for a significant amount. Then it is medical care, often of very poor quality, the patient’s complaints are ignored, and the retiree owes the hospital several thousand shekels.
How to protect yourself in this situation? Talk with your loved ones and ask them to accompany you to the clinic before deciding to start a costly treatment. Never sign any commitments at the first meeting. Ask for a copy of the contract with a treatment plan to read it carefully at home, show the contract to their children, relatives, or seek the advice of an attorney.
If your loved ones have already paid or owed to the medical center an impressive amount, immediately contact a lawyer. In my experience it has accumulated many examples of «victims» has returned, at least partially, the spent money, and medical centers are paid large compensation for such ill-treatment of customers.
Remember that in this case payment for the services of a lawyer is always done in the end and depends on the customer’s payment, so it is a vital interest to return all client money.
If You need advice or just advice on how best to proceed in such cases – call 052-3200009 or leave a message on the website www.yashar-law.co.il