Anyone offering services to the public, whether it is a hair stylist, restaurant owner, or an architect who is designing homes, may at some point be liable to malpractice.
Medical malpractices refers to those malpractices taking place in a healthcare setting. This typically occurs between patients and their doctors and very often involve a case of misdiagnosis. In order to determine malpractice the individual must be able to prove in court that the professional conduct has fallen short of the care level expected.
To take an example, suppose the doctor had misdiagnosed an individual as not having cancer, while the individual actually had had it. A year later the individual goes through another cancer process and is diagnosed with an advanced stage of cancer, requiring more severe chemotherapy. Is the misdiagnosis a case of malpractice? Maybe it is, maybe not. To be able to make a correct diagnosis, a certain level of knowledge and training is required. This is why doctors go to medical school; however, there is no requirement that doctors should always make the right diagnosis. A malpractice allegation can be put forward if the doctor had failed to check the medical record or failed to recognize the symptoms of a cancer development.
This is why it is beneficial to have an attorney representing the case. A good attorney, specializing in medical malpractice not only has a thorough legal understanding, but also has a good grip of the general knowledge of practices in medicine. Malpractice attorneys are used for preparing the necessary legal papers and arranging for expert witnesses to testify against the professional. In the hypothetical case outlined above, the attorney would investigate if the misdiagnosis was actually caused by an error in the diagnostic kit used to analyze the blood or tissue samples (which may mean that the malpractice lies in a person other than the doctor), or that the doctor should still be able to diagnose correctly whether or not the diagnosis kit is faulty (this entails proving that under similar circumstances, other doctors of similar specialty would not have done a misdiagnosis). The insight, and skills, to do such work are generally beyond that possessed by laymen; therefore, for it is important for the affected individuals in general, to consult an attorney.
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