Defining the Steps of a Medical Malpractice with a Personal Injury Attorney in Coeur D’Alene, ID

by | Sep 2, 2016 | Lawyers and Law Firms

In Idaho, federal health care laws protect all patients against poor medical services. If the inadequate health care they receive causes an injury, the patients have a legal claim based on the enforcement of these laws. A personal injury attorney in Coeur D’Alene, ID can file a medical malpractice lawsuit for these patients.

What Medical Injury Occurred?

The first step is to define the medical injury. A medical malpractice encompasses administration of the wrong medication, injuries during procedures, and the installation of faulty medical devices. The attorney must determine if the case involves circumstances defined by other litigants. Circumstances that identify the same doctor or hospital could warrant the need for a class-action lawsuit.

How a Medical Witness Helps the Case

A medical witness presents the case according to their area of practice. They must share the same experience, training, and medical skills as the defendant. This presents the probability of a full assessment of a medical peer. They define how and why the injury occurred, and they provide credible testimony to prove the patient’s case.

Negotiating with the Hospital Board

After the motion is filed, the hospital board begins mitigating the risks of the lawsuit. They review the doctor and the procedure or event that led to the injury. They also define if the doctor followed their policies and appropriate protocol when treating the patient. After their medical review, the hospital’s legal team and their board present a settlement offer to the patient. Their attorney negotiates to acquire a fair value.

What Damages Are Awarded If the Patient Wins?

In a medical malpractice, the patient receives economic and punitive damages. Economic damages relate the expenses of the patient, which include the full medical costs associated with their injury as well as any additional financial losses. Punitive damages are award based on a financial punishment for the doctor.

In Idaho, federal health care laws are upheld to prevent low-quality medical services. These laws protect patients from unethical doctors. Under the laws, the doctor must provide an adequate duty to the patient by providing high-quality health care. Patients who sustained these injuries should contact Dusty Deissner to hire a personal injury attorney in Coeur D’Alene, ID today.

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