Malpractice Lawyers: Double-edged Sword

2007-03-08 10:33:40

( Legal )



COMPETENT ON BOTH SIDES

Malpractice lawyers represent you in all aspects of a malpractice compensation claim, whether it be in a lawsuit or in negotiating for an out of court settlement. A malpractice lawyer is usually on the side of the prosecution or plaintiff, but malpractice lawyers are equally capable of putting up a defense if you are the one being sued for malpractice.

The concept of malpractice is based on professional responsibility. As a professional, you are sworn to a code of ethics which governs your practice. Whether you are an engineer, a doctor, a nurse, or a lawyer, there are rules and guidelines which specify the professional standards that you must follow and uphold at all times.

CODE OF CONDUCT

If you, as a professional, deviate from this code of conduct, then you may be sued for a malpractice case. This is especially true if your client or patient has been harmed because of your negligence or unprofessionalism. Malpractice does not require any malice on your part; all the complainant has to do is prove that you have caused them harm while in the process of dispensing your professional duties.

The most common cases that malpractice lawyers handle are those that involve medical doctors. The sensitive nature of a doctor’s work leaves them more vulnerable to malpractice lawsuits.

This situation, while protecting the rights of the patient can be a double-edged sword. The threat of some malpractice lawyer ready to pounce, question his abilities as a medical expert, and file for malpractice can be counterproductive in the sense that it may make the doctor overly cautious. When you have doctor who is always looking behind his back, then you have a doctor who sticks by the book and plays it too safe – too safe that it endangers the lives of his patients as well.


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