Many disputes arise due to medical malpractice committed by doctors, hospitals or nursing staff, which ultimately leads to tremendous damage and persistent pain. It is noteworthy that the consequences of such malpractice may not be cured later, the thing which leads patients to file complaints to the competent authorities to indicate the violation committed by the concerned doctor and to file civil claims against the doctor, hospital, or medical center later to seek financial compensation to compensate for part of the damage caused by the said malpractice.
Nour Attorneys & Legal Consultants team utilizes its extensive experience to represent several doctors, hospitals and patients in many complaints related to medical malpractice as well as civil claims for financial compensation. Meanwhile, several problematic issues arise which require a piece of proper advice and a good lawyer who can understand the nature of the medical malpractice, and hence, convince the competent authorities that have the right of conviction of the doctor first to ensure easy access to compensation in the later stages of litigation. Therefore, it is highly important to hire a good lawyer to convict the doctor professionally before the criminal conviction and resorting to a civil action for compensation.
There are some problematic issues that we would like to bring your attention to, whether as a doctor or as a patient making a medical complaint and they are as follows:
(1) Distinguishing Between the Medical Malpractice and the Result of a Medical Opinion
“Medical Malpractice” should be understood as the negligence of a health care professional when performing his/her duties, such as not obtaining the necessary reports for surgery, failing to follow the supposed procedures before initiating a specific procedure for the patient or prescribing the wrong prescriptions for the patient.
While “Medical Opinion” is when a client follows a certain medical opinion from more than one opinion, according to what he views as appropriate as long as there is a scientific reason for this. For example, should the doctor perform a conventional open surgery or laparoscopically? This is a matter that shall be subject to the doctor’s report according to the data before him to decide which of the procedures is most appropriate, but if it turns out later that this procedure is not appropriate, this is not considered as medical malpractice on the part of the doctor. This is because the doctor chose among more than one medical opinion, based on scientific evidence and according to sound data and after following the supposed procedures in such cases.
In case if the medical malpractice was proved, the doctor is held accountable professionally and often criminally as well as civilly. In case if the doctor was held professionally and criminally liable, it becomes certain that the civil court shall order the defendant to compensate the patient financially. However, in the case of medical opinion, the doctor is not held professionally and criminally liable, but he may be civilly liable, although the likelihood of compensation is low and the amount of compensation is usually not significant if the court decided that the patient should receive compensation.
(2) Understanding the Mechanisms and Causes of Professional Conviction Decisions and How to Respond to Them
You should always know that professional conviction decisions are a powerful factor in winning civil action, and when addressing the parties responsible for determining liability or challenging their decisions, you should not submit legal defenses and judicial rulings exaggeratedly since the said body is of physicians. Instead, you should urge the said body in your requests and objections to investigate the medical aspect, the supposed procedures and due diligence of the doctor and what was supposed to be taken or clarified to the patient. Sometimes, you should seek the opinion of another doctor, such as getting a consultative report on your part to ensure the strength of scientific arguments against the said committee or bodies.
In the framework on the executive regulation of the new Medical Liability Act, the committee shall issue its reports based on a scientific basis, and not based on speculation or assumptions. Here are the weaknesses of challenging the report of the committee and your ability to explain that these views are not based on a proof or rather based on an assumption or personal opinion without scientific evidence.
In conclusion, you can always consult our lawyers and legal consultants at Nour Attorneys & Legal Consultants, as they enjoy extensive experience in claiming compensations and defending clients with regard to medical malpractice in order to ensure the best possible outcome for you as a doctor or patient.
August 4, 2021
July 3, 2021