PART 7 :
“Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injuryor death to the patient, with most cases involving medical error Medical professionals may obtain professional liability insurances to offset the risk and costs of lawsuits based on medical malpractice.”
From now on u shall have few more characters, and in this part will give u the outline of Proceedings n what all u can get to see in this case!
As per the above definition a Medical Malpractice and to remind the readers once again Dr.MSK was charged with a Medical Negligence case for the death of Mrs.Patricia , as per the court notice Maan was charged with providing below par treatment to Patricia leading to her untimely death. Maan had professional insurance and his law firm filed a defense case to prove him clean from this case.
The characters few more from this update include :
Mr.Roger – Maans Lawyer, who was an expert in medical negligence cases and was fighthing on behalf of maan.
Mr.Rafal – Peter’s Lawyer, who had worked for criminal cases and this was his first case pertaining to Medical Negligence Case.
The Plantiff – Late Patricia case, Case handled by Rafal , who was the executor or administrator of a deceased patient’s estate.
The Defendant – The health care provider, here Maan who was the Leading DR for the case!
DAY 1 Proceedings :
All were seated In the court, Since it was Day 1 anni n Vikram too had come over to witness the gatherings, the plaintiff , Rafal filed a lawsuit in a court with appropriate jurisdiction. Between the filing of suit and the trial, the parties were required to share information through discovery. Such information included interrogatories, requests for documents and deposition. If both parties agree, the case may be settled pre-trial on negotiated terms. But Maan did not agree to negotiate with Peter on any terms and avoided since he knew he was not guilty and didn’t watned to face Peter off the court, the case thus proceeded to trial.
The plaintiff, Rafal had the burden of proof to prove all the elements by a preponderance of evidence. At trial, both parties needed to be present & experts to testify as to the standard of care required by the Dr concerned in this case Maan, and other technical issues. The jury will then weigh all the evidence and determine which side is the most credible. This would be the entire proccedings of the court in this Trial…
Expert testimony –
Expert witnesses must be qualified by the Court, based on the prospective experts qualifications and the standards set from legal departmentTo be qualified as an expert in a medical malpractice case, a person must have a sufficient knowledge, education, training, or experience regarding the specific issue before the court to qualify the expert to give a reliable opinion on a relevant issue. The qualifications of the expert are not the deciding factors as to whether the individual will be qualified, although they are certainly important considerations, the expert testimonials does affect the Judgement given by the Judge, these peole in Maan’s case included a Lady Nurse, A Xray Technician, A pharmacist , a Psychologist, a common man, a ER duty Dr all based from different hospitals so that their verdict would not be influeneced on past favours, in short these people were first time seeing or hearing about Maan, the Defense Lawyer that is Roger, should be able to present the case in such a way that they need to gain confidence in the expert panel that maan was not guilty.
The Chief Judge entered and the case begun , Maan was seated restless, first time in life probably he felt so nervous, thinking about the outcome of this proceedings, he had never worried in his exams or anything he would be pretty confident about himself but today somewhere deep at heart he was worried.
The case begun with a Bell,
The Plantiff – Mr. Rafal, presented the Elements of this case, he needed to provide all the 4 elements of tort of negligence for a successful claim, and here it was
1. A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient., this included the Patricais’ case being handed over to Maan… The papers which told that Maan was her Physician, who was legally responsible to take care of her health, and for Maan poor Maan was doing his duty perfectly well for the last 1 year, when suddenly that unfortunate night it all went upside down.
2. A duty was breached: the provider failed to conform to the relevant standard care., that is how Rafal put us, telling that Maan had breached his Duty by choosing to visit Patricia and wasting valuable time at her treatment .
3. The breach caused an injury: The breach of duty was a proximate cause of the injury., he also continue to claim that the alleged breach lead to be fatal taking out the life of his client Patricia, she had succumb to death due to his negligent attitude.
4. Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease. This was something very trivial in this case ! Damage here was death of Patriia, and the loss was emotional agony, mental distress and what not for Peter, this was how Rafal presented the case as.
He had successfully pointed the 4 elements, now it was work for Roger to start his counter to these accusations, Maan was dumb folded looking at the accusations, he couldn’t believe he would be framed like this for treating a patient, that day he realized the worst thing for a Dr is to witness a Negligence Trial, he was shattered and couldn’t collect himself, btu then he knew deep inside he needed to be strong for himself ….
Precap : DAY 2 : The Witness 😛