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Basically, medical malpractice cases themselves usually occur when a doctor / other medical professional performs an act below the standard of care that hurts the patient. If this happens, a lawyer is needed to handle the malpractice case. The following is a complete review of medical malpractice cases in wrongful death attorney.
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Medical Malpractice Mistakes Regulated In Wrongful Death Attorney
There are several things that you must know about medical malpractice, some of which are:
1. Medical Malpractice Errors in Diagnosing
This first type of malpractice usually occurs when a competent doctor fails to recognize and also misdiagnoses a patient’s condition. In this case, it can include an inaccurate diagnosis, too late to cause death or the patient is in a serious condition such as cancer.
So that later the plaintiff will submit this type of claim to the attorney and introduce the testimony of other expert doctors. Where other expert doctors later have to be able to explain the malpractice to the effect of errors or delays on the patient’s health.
2. Medical Malpractice Errors in Performing Surgery and Anesthesia
In addition to misdiagnosis of malpractice cases, this also occurs when competent doctors commit negligence, such as leaving surgical instruments in the patient’s body, such as sponges. In this case, it is explained that the doctor can operate on the wrong patient or body parts that should not be operated on.
On the other hand, anesthetic errors made by doctors can cause brain injury to death. Where the error can range from failing to give proper instructions to the patient to the wrong amount of anesthesia. In some cases, this even includes defective anesthetic equipment.
3. Medical Malpractice Errors in Providing Treatment
There are also medication errors that only doctors can make. But nurses and other medical professionals can also carry out this malpractice case. So that the related parties must take responsibility for the mistakes they have made. Both in prescribing and giving drugs to patients.
Furthermore, medical malpractice cases of wrongful death attorney can also be carried out by doctors who are wrong in prescribing the wrong amount of medicine. So it can also be said that the doctor gave the wrong dose of medicine. If this happens, later there will be a dispute that occurs from the medical side against the patient. Where malpractice disputes against wrongful death attorney include violations of medical ethics to patient rights.
Further Legal Explanation Regarding Cases of Medical Error / Malpractice
Basically, doctors or health workers can get legal protection. Note that legal protection is given if doctors carry out their duties according to professional standards and operational procedures. This has been stated in Law number 29 of 2004 article 50 letter a.
Furthermore, the hospital itself will later have the obligation to protect and also provide legal assistance to all of its officers when carrying out their duties. This has been regulated in Law number 44 of 2009 article 29 letter s.
In addition, the hospital itself is also legally responsible for all losses caused by health workers. All of this has been explained in Law number 44 article 46.
If no substantive reasons are found, an explanation will be given later. Where you can later answer the subpoena submitted by the lawyer if asked for further information. Apart from that, you also have to face it tough if you take this path to handle malpractice cases.
However, if substantive reasons are found, you are obliged to seek other alternative solutions, namely by way of deliberation or mediation. Apart from that, make defensive efforts if the lawyer later takes legal action.
In this case, the patient can report the malpractice case to the Indonesian Police if he has experienced a criminal act against himself. Where the crime is, of course, has been regulated further within and outside the Criminal Code. Later the party that has the obligation to provide evidence of the occurrence of a crime is the public prosecutor alias public prosecutor. So that all medical malpractice cases experienced by the patient will be decided by the judge.
The ultimate goal of these criminal charges is to be given criminal sanctions in the form of prison or fines to the doctor/hospital. Apart from that, the business license or legal status of the corporation can be revoked.
Conclusion
This is an article review regarding medical malpractice cases in wrongful death attorney. So that later you can become much more knowledgeable about malpractice cases in the medical world. Where malpractice cases must be handled as soon as possible so that they don’t get bigger in the future.
