Malpractice Suit Dismissed Due to Improper Paperwork
Medical malpractice claims are a controversial topic in the media; doctors are upset that their professional actions are under attack and that insurance costs are cumbersome to bear, but those injured due to medical malpractice are still rightfully entitled to seek compensation.
The reason medical malpractice is often a hot issue of debate is because the human body is a difficult thing to control, and each person’s body may react differently to medical treatment. However, medical malpractice claims do not aim to correct simple medical reactions, they aim to compensate injured victims for medical actions that don’t follow known standards of health care in the medical community.
Medical malpractice is also described as professional negligence. The term basically refers to the type of claim filed after a health care provider deviates from the common standards of medical practice, causing injury to a patient. Health care providers have a duty of care when undertaking treatment of patients; if they breach said duty and cause injury, they are liable for the injury caused to their patient.
Medical malpractice claims are detailed and slight errors can impact the way these lawsuits turn out. In a recent Missouri medical malpractice claim, a woman’s malpractice action was dismissed because she failed to file the correct paperwork required by the claim.
In this case, the woman went to Barnes Jewish Hospital for ankle surgery; but when she awoke from surgery, she had pain in her left eye. She sought further medical treatment at the same hospital where it was determined that she suffered from a corneal abrasion. The corneal abrasion later turned into a corneal ulcer, and the woman underwent various procedures for four days before being released from the hospital. The plaintiff further suffered pain and diminished vision capacity.
When she filed her medical malpractice claim, the woman was advised that she would be exempt from filing certain paperwork, believing the claim would be filed based on a type of negligence that didn’t require the forms. However, it was later found in court that the woman should have filed certain health care affidavits, and that her omission of such items was the grounds to dismiss her entire case. Basically, this woman will likely not be compensated for her injuries because the proper legal procedures were not followed in this case.
Legal processes are very structured in that they require certain filings in certain time frames; it is essential to choose an attorney who is familiar with the type of lawsuit you are filing to be certain that they know all necessary regulations and will abide by them. In this particular case, the plaintiff should have sought out a personal injury attorney that handles medical malpractice cases. Legal representation is one of the most important decisions involved in a lawsuit.
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