When a patient considers that a doctor has not been sufficiently careful, diligent, or competent in the medical procedure, he may choose to assume responsibility by trying to demonstrate that he has committed a fault.
He will seize the Court to request that a mission of judicial expertise be ordered. This expert will give his opinion on a possible medical fault of the practitioner, and of a responsibility of the establishment of care. The questions asked by patients often concern a possible diagnostic error: was the doctor rigorous in establishing the diagnosis? Should he have done other investigations or referred the patient to a more specialized colleague? You need a bad faith lawyer there.
In addition to the diagnostic error or delay, the patient must establish the causal link with the damage that has occurred. The patient, who has the right to be fully informed about the medical procedure performed, may question the doctor’s obligation to inform.
Management of the medical accident in the absence of fault:
In the absence of a doctor’s fault, the medical accident will be covered by national solidarity, under certain conditions. The National Office of Compensation for Medical Accidents will compensate for medical accidents of a certain seriousness which are attributable to care and the medical act.
In addition, the medical act may not be at fault, but the patient may have contracted a nosocomial infection during his stay in the care establishment. This infection will be taken care of either by the healthcare establishment or by national solidarity depending on the severity of the consequences linked to this infection.
Compensation for faulty and non-faulty accidents
If you have been the victim of a fault by a doctor or any other healthcare professional, a delay in diagnosis or any other accident that you consider to be at fault, you can take action against the doctor in question or against the hospital in which you were taken care of. The law also created a compensation system for the victims of non-faulty medical accidents, which is also called therapeutic contingency. Whether wrongful or not is generally determined after an appraisal, which is essential to be assisted by a Auto accident attorney who can usefully guide you during the meeting, and then in the choice of procedures to conduct.
The essential role of the lawyer
In all cases, it is important to have the assistance of a lawyer intervening in support of the interests of victims of medical accidents so that he can assist you in his efforts, and indicate to you which is the most appropriate way to obtain the best possible compensation. There comes the medical malpractice lawyer with the best solutions.
The law enshrined the patient’s right to access their medical file: at any time, and possibly prior to our first appointment, you can request the communication of your medical file, either directly to you or by appointing a doctor who will receive it.
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