Medical Law is the body of law relating to the rights and obligations of doctors, nurses and hospitals, and their patients. Medical Law is not a single, unified body of law, but results from a number of legislative and customary provisions.
When providing medical services, the doctor must operate on the basis of the teachings and commands of medical science (lege artis) and take the necessary precautions and preventive measures, so that the end result is the best possible for the patient.
However, there are certain occasions, where the treatment is not satisfactory and this would lead to the injury of the patient. As such, the patient would need to established that the unfortunate result was due to the physician practicing his duty in a negligent way, whereas the doctor would need to prove that he acted in the same way, as the average, prudent representative of his profession.
Our Attorneys and Associates have experience in handling cases involving medical law in both Criminal, and Civil proceedings, namely:
• File Requests and obtain all relevant documents relating to the patient, both from doctors and from hospitals.
• Folder Examination, both from the medical standpoint, through our partner network of doctors, and from the legal standpoint, to investigate the possible responsibility of the physician.
• Preparation of forensic, technical and legal expertise on one or more incidents, which may establish responsibility of the physician.
• Advisory assistance to doctors and hospitals to comply with current legislation in diagnosis, preoperative, operative and postoperative stage, and issues relating to medical confidentiality.
• Management of the Criminal Liability proceedings, both from the prosecution and from the defence side.
• Management of Claim Proceedings, both from the claimant’s side and from the defendant’s, which may consist of doctors, hospitals and insurance companies.