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Sue a Doctor For Wrong Diagnosis

What is medical Negligence, and can I make an opportunity to claim?

As Nigerians, it is essential to know that you have the right to sue a doctor for wrong diagnosis or hospital for medical Negligence and we’ve been told of family members or friends who went to the hospital to undergo routine procedures or minor medical issues. Next, you hear that they’ve tragically died in the hospital.

Today, we are all aware of the problems that plague the health system in Nigeria in Nigeria – underfunded and understaffed hospitals, doctors who are not paid, and unstable power supply…the list is likely to be endless. These are all facts that every genuine Nigerian would be able to agree with, and the majority of Nigeria’s hospitals suffer from these challenges.

But, many instances we hear about involve cases in which the issue stems from carelessness or what we could be referring to as the human factor.

In those instances in which the problem is the result of carelessness or insufficient medical care provided by hospitals and their medical staff, we’ve created this piece of writing.

Doctors, nurses, and other healthcare professionals treat millions of Nigerians daily, whether privately or in public hospitals. If you or someone close to you suffers from a medical issue caused by a medical mistake or a medical error, the situation could turn worse quickly.

Why Sue a doctor for wrong diagnosis and medical negligence

This article is suitable for you if you’ve received poor or unsatisfactory treatment from a doctor, dentist, nurse, or any other medical professional. Some examples of situations we’ve heard of are when patients visit the hospital but are misdiagnosed or correctly diagnosed but given the wrong medicine or treated when foreign substances are left inside the patient’s body…the possibilities are endless. When this happens, it is essential to know that you have the right to claim a lawsuit against the hospital or medical professional for Negligence and obtain compensation.

If you choose to do this, then we are aware that it’s a difficult and emotional experience, mainly if the treatment you’re challenging the medical professional regarding was the one that caused an untimely death for the patient. This is why you should involve a lawyer in the process, as they are trained and experienced to aid you in obtaining the compensation you are entitled to (if you believe that the doctor is negligent and at fault).

Who is liable, and at what times can you sue a doctor for wrong diagnosis?

Generally speaking, only those who have been the victim of a medical error may sue. However, the rules are different if the patient has passed away or is a minor. If the patient passes away, the deceased’s closest relatives, e.g., spouse, husband, parents, children, etc., may sue to recover compensation. If it’s a child, it is the parent or legal guardian of the child.

Doctors and dentists, nurses, opticians, and other medical professionals have what is legally called the obligation of care to their patients. If this duty is violated when a patient is harmed, this can lead to a lawsuit for compensation.

It is crucial to remember that the law only obliges medical professionals to be perfect each time they do their work. The goal of perfection isn’t achievable for anyone in the human race. The law does require that the medical professional maintain a reasonable standard of care for patients. Therefore, if a physician or medical professional provides good care, you’ll likely not be entitled to an opportunity to claim compensation. If you were treated with respect not up to reasonable standards and led to the injury you suffered or injury, then you could be able to file the right to pursue a claim.

Every case is unique, with different factors to take into consideration. You must consult an attorney if you believe you have a legal claim. They will be able to analyze the law and guide you according to it.

Evidence of Wrong Diagnosis or medical negligence

As previously mentioned, it is possible to see if there is evidence of medical Negligence. The crucial thing to remember is that if you’re seeking compensation, the person who is suing (the one who is suing) has to have suffered an injury due to the negligent act being complained about. For instance, you can see a doctor who was careless in misdiagnosing a disease. Still, if, for example, the patient is misdiagnosed with illness A when the illness is B, then prescribed medication is taken. Suppose the medicine can cure B’s disease. In that case, he or they can’t claim Negligence for the misdiagnosis as the person hasn’t suffered any harm from the mistaken diagnosis (although the patient may report the doctor to the regulator).

What time do you have to file a claim? And what compensation amount can you get?

You are granted three years in which to file compensation claims. The time frame begins from the day you first encountered the careless treatment you claim to have received or the date you first realized the Negligence of the treatment.

Because each case is individual and unique, the amount paid will differ from possibility to claim. There are certain factors that the court will take into consideration when deciding on the amount of compensation that a claimant could be entitled to. This includes the person’s age, injury extent, job status, losses incurred due to the treatment, etc.

What Next?

Do you recognize someone who has been victimized by Negligence in the field of medicine in Nigeria or elsewhere and is contemplating whether you have the legal grounds to pursue a claim against the hospital or doctors? If so, you must consult an attorney to look over your case.


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