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Forum Name: Miscellaneous Nephrology Topics

Question: doctor's negligence


 neer_sainik - Wed Sep 22, 2004 12:52 am

can i take legal assisstance if the health has gone down because of doctor's negligence?
what action can i take up?
 KLO79 - Wed Mar 16, 2005 7:26 am

neer_sainik wrote:can i take legal assisstance if the health has gone down because of doctor's negligence?
what action can i take up?
you can take up a medical malpractice law suit
 Rhonda P, CEP - Thu Mar 17, 2005 11:26 pm

User avatar As you know anyone can attempt to sue for any reason but as far as a medical malpractice or negligent lawsuit goes, they are hard to prove.

In order for malpractice to actually take place you have to prove that the person (Doctor) had a duty to act, failure to exercise due care and that the injury or damages caused were done because that person didn't do their job to the best of their ability and level of training. Usually the burden of proof is on the patient to prove damage WAS done not on the Doctor to prove damage wasn't done, does that make sense?

If you feel that this Doctor didn't do the right tests or was grossly negligent, make sure you get all the records and test results you can (you may not be able to get any if you aren't legal guardian) - hospital, emergency room, fire department, ambulance, labs, doctors offices, whoever was involved with the care of this person.
 landry12 - Tue Mar 31, 2009 7:13 am

If you can prove that your health was gone due to the negligence of the doctor, you can claim against him. Medical negligence could be defined as a failure to exercise reasonable skill and care in diagnosis and treatment as per the prevalent standards at that particular point of time.

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