Was the patient promised treatment by
the foot doctor? Did the doctor promise to give the patient adequate treatment
but failed to do so? If the answer to these questions is yes, then the next
thing you need to establish is the caregiver had the required skills and
experience to treat your medical condition. Moreover, did the doctor correctly
diagnosed the medical condition? All these factors are quite important and if
the doctor has failed in any one of them, then the doctor is guilty as charged.
The medical associations worldwide
have set a ‘standard of care’ and the doctors are to abide by it no matter
what. These include what practices the doctors can adhere to and which they
should avoid. Also, the amount of care the patient needs, the doctor not being
negligent in any way and giving the right treatment at the right time. All
these and more fall under the doctor’s duty. If the doctor fails in his duties,
he has breached the standard of care.
The patient, in order to file a Foot Doctor Malpractice case, needs to
establish that he was hurt or injured. If you have experience a physical injury
then it will be easy for you to prove. But the emotional distress or
psychological pain you’ve been through, the injury caused by these two will be
hard to establish.
The last thing you need to prove
before the house of law is the doctor was negligent while on duty. He
wrongfully committed an act that cause the patient more harm than good. Maybe
he was not giving the right treatment, maybe he misconducted the surgery, maybe
he was negligent while diagnosing correctly. It can be anything but the end
result was the patient was harmed.
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