Year after year, a lot of people are affected significantly due to medical malpractice. Misdiagnosis and errors by doctors and by hospital staff is widespread and it is important that the rights of such unfortunate individuals are protected. World over laws have been created by countries to safeguard the rights of the citizens for medical malpractice cases. Anyone can be a victim of an unfortunate situation while getting treated by a doctor or the hospital. However, the patient and his family may not be knowing about the rights available to them and the related information when a medical malpractice occurs. If they do not get the appropriate guidance or advice, most likely they will never be compensated for the wrong done to them. In the US, UK, Canada, Australia and many other countries including India, there are exclusive law firms that service clients in medical malpractice cases. Due to large volumes of records involved in such cases, the law firms many a times cannot take more cases than they can manage. As medical malpractice is a critical area also, one needs experienced teams to handle such a high-end area. The Legal Base (“TLB”) is dedicated to ensuring quality assistance to law firms that practice medical malpractice. The team at TLB have worked with law firms in the US, UK, and Canada.
Making the right person accountable is extremely crucial in a medical malpractice case. Diagnostic errors occur but you cannot sue doctors every time and all misdiagnosed cases don’t account for a medical malpractice case. The cause of the error is the basis of a medical malpractice case. So, if there was a failure in care, or if the treatment was delayed or if the treatment wasn’t done as per the standard of care guidelines or no treatment was done then such cases will come under the purview of the medical malpractice laws. Sometimes, forensic review and analysis is involved in such cases and only doctors specialized in that area can provide the proper assistance. TLB’s medical malpractice team consists of doctors, forensic experts and attorneys that practice law at the highest court of India. They have worked on live medical practice cases and are specialists at making cause analysis. They can read through the records and note where exactly was the standard of care failure. It is also vital to find out the exact individual who failed to give the care. Sometimes, a doctor can diagnose one condition accurately and may fail to diagnose another one incorrectly. It is also crucial to establish that there was a doctor-patient relationship for which several records need to be reviewed. In many case injury pictures are required to be scrutinized to come to conclusions. Further, it is also important to find out if the patient had followed or not followed the exact advice of the doctor. For example, if the doctor advised an urgent surgery but the patient delayed it and later more complications came up, then the doctor will not be liable. Such pointers require specialized knowledge to accurately note them during the review of records.
The team can also assess if the first responders or the ambulance service staff have been proper in giving the first care to a patient or not. Though, law is not strict for them, but they are not protected if they do something which is grossly negligent. The emergency room doctors also come under the same category.
Though, hospitals are vicariously liable for the wrong doing of the doctors but there are cases in which the hospitals may not be made liable. TLB team has good knowledge of such areas as well. They can segregate cases to protect hospitals from the negligent doctors. These will be extremely helpful where a hospital might be your client. The medical malpractice services are a combination of expertise where the team knows the concepts better than the laws. However, it is also sometimes extremely important to research and find out the exact laws and the cases that would strongly support your case. You need an outsourcing partner that can help you with giving you the results that wins a case for you. TLB exactly aims at that. They examine the records, investigate the cause, prepare questionnaire for you, research the laws and cases and can also assist you with all your trial documents. Reach out to us to try a pilot assignment!