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Medical Malpractice

Tort law allows the injured party to sue and receive compensation even when the doctor or the medical staff member who provided him with medical service as a result suffered damage - there was no intent to harm.
When will it be determined that medical negligence has been caused?
Pain, suffering and even damage can be caused without any negligence in the treatment and even without any mistake being made. It is important to know that not every damage amounts to medical negligence, and usually the injured patient has no way of knowing for himself whether his case falls under the scope of cases of negligence or, unfortunately for him, bad luck or a mistake that does not qualify for compensation.
In order to know which of the cases is involved, the level of medical care given to the patient must be examined: does it meet the level of care required and accepted in contemporary medicine or in the same medical institution where the treatment was given, or not. Only treatment that exceeded the above-mentioned acceptable level and caused damage to the patient - will be considered negligent treatment and can be sued for.
The lawsuit will generally be filed against the medical institution where the negligent treatment was given, the doctor or medical staff member who was negligent and against the insurance company that insures their professional liability.
It is also important to know that the legal process is relied upon and supported from the very beginning by a medical opinion which has the power to shed light on all the medical aspects that will be discussed in that case, according to the direction of the attending attorney, hence the importance of choosing the medical expert on behalf of the plaintiff.

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