Assistance in the field of medical law is provided to both patients who want to claim their rights for health damage as a result of a medical malpractice or negligence, as well as doctors and medical facilities. In addition, the support of a medical lawyer may be used by other people who are employed in hospitals, clinics, i.e. nurses and other medical personnel.
Activities of a medical law attorney before going to court
Before filing a lawsuit on medical law matters, a medical law attorney will try to resolve the issue in another way. He or she can submit an application to a medical event adjudication committee, thanks to which the patient can apply for compensation or redress, which is most often paid earlier than in the case of going to court.
Activities performed by a medical lawyer in court
medical law attorneyIf there is no amicable settlement of a given matter related to medical law, doctors and patients may go to court and pursue their claims there. By using the services of a medical law attorney, you are more likely to win your case because they are proficient in medical matters and can justify a patient’s demands or a physician’s conduct when diagnosing and treating a patient. The advocate accompanies the client at every stage of the case, may become his attorney and represent his interests in the court of each instance. Legal aid is necessary for each party to the proceedings.
Tasks of a lawyer for medical law
Attorney expert in medical law:
- He prepares and issues opinions on contracts related to the conduct of a given medical activity
- Prepares applications for compensation for medical errors, misdiagnosis, negligence, etc.
- He files appeals in pending cases
- Prepares organizational regulations of medical institutions
- He prepares contracts for the management of a given medical facility.
Cases in which a medical lawyer participates – examples
A medical lawyer most often deals with such matters as:
- Failure to fulfill obligations (neglect) during delivery – the result of such actions by a doctor or medical staff may be: failure to perform the caesarean section in a timely manner, which resulted in health problems of the child or mother, failure to remove the placenta and postpartum tissues from the uterus.
- A patient suffering from a bacterial infection in the hospital
- Failure to diagnose the patient with neoplastic disease
- Inadequate medical care
- Improperly performed surgical operations, e.g. performing surgery on healthy organs, body parts, incorrect positioning of the legs or arms, leaving e.g. scissors, bandages, gas, etc. during the operation.
- Lawyer assistance in professional matters of doctors
- Legal services in the field of establishing a medical entity, running a medical facility, transforming and terminating individual medical practice.
- The attorney-at-law represents doctors in court proceedings and in the case of professional liability related to the violation of the ethics of the medical profession as well as related regulations before the commission, medical court, professional liability ombudsman.
A medical lawyer supports doctors in administrative matters
Representation in relations and disputes with the National Health Fund, Patient’s Rights Ombudsman and other institutions. The advocate may represent the client before the Supreme Administrative Court and the Provincial Administrative Court.
In criminal cases, a medical lawyer serves as a defense lawyer for a doctor in police, prosecutor’s office and court proceedings, as well as in executive proceedings.
Help of a lawyer for medical law for midwives and nurses
An advocate specializing in medical law has experience in representing nurses and midwives in pre-litigation cases, before the court and before other authorities. His help is related to:
- Providing reliable legal advice to prepare the client to pursue patient claims
- Development of various legal opinions, drawing up contracts, statutes, etc.
- Legal services related to the preparation or analysis of contracts (labor law)
- Defense in proceedings conducted by the police, the prosecutor
Representing the client in matters related to the protection of personal rights and in the field of patients’ claims.
Legal representation by an attorney in disputes with the Patient’s Rights Ombudsman
Representing a client (nurses, midwives) in proceedings related to professional liability regarding breaches of ethics and other regulations related to the profession. The assistance of a medical lawyer must be associated with a guarantee of an individual approach to a given case and client’s problem. Commitment and diligent analysis of medical records gives the client the opportunity to obtain compensation for the client or to effectively defend the doctor for a fault not guilty of.