Wednesday 27 March 2013

Being Dumb and Being Negligent are two Different Things in Medical Negligence Claims

As a victim interested in filing a case, one needs to establish that negligence has occurred. And since consulting a lawyer is one of the better ways to do this, using the internet to search for a competent one makes it easier. A simple keyword like medicalnegligenceclaims can kick off the search. And once a list of potential lawyers is displayed on a computer screen, all one has to do is contact them.

But like every lawyer will say, not all cases involving medical negligence are cut and dried. In a case that involves someone doing something dumb that leads to his being in the hospital and being diagnosed incorrectly, a bit of confusion may exist.

In this situation, it may seem that they are related enough to dismiss a medical negligence claim. But after closer scrutiny, a lawyer may conclude that while they are related physically, the act of one does not cancel the act of the other. So the conclusion is that there are two distinct incidents here.

The first is the dumb incident involving the patient and the car he hit with his face after hanging on to it on icy streets. The second is the incident where the doctor prescribed the wrong solution.

The misdiagnosis resulted in harm to the patient which required corrective surgery weeks later. It is this negligent act that made it qualified for filing medical negligence claims.

The reason for the patient being in the hospital; no matter how dumb, is immaterial because the case only focuses on the negligent act.

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