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Medical lawyer

A lawyer for resolving disputes (medical lawyer) related to improper treatment, medical mistakes, medical errors, illegal actions of medical personnel, etc. is always able to provide you with high-quality legal assistance to protect your interests, both in the courtroom, and outside. The patient must protect their rights to quality treatment.

In case of inadequate quality of diagnostics, and treatment, detection of medical errors or incorrect attitude of the staff then Kasyanenko & Partners Law Company medical lawyer is ready to protect you in court or pre-trial.

Medical error, and subsequent resolution of such disputes in court with medical institutions is a time-consuming process in which you will not achieve the desired result if you do not have the proper experience, and knowledge. It is also important to remember that when a patient goes to court with a claim against a medical facility, there is no need to pay a court fee.

Claims against medical institutions (medical mistake), and their representatives have certain features that must be taken into account. The main feature is the conduct of forensic medical examination. Those responsible for the examination will be warned of criminal liability for falsifying the results or their inaccuracy. In the courtroom, experts can ask questions, both the judge, and the parties to the dispute. All this helps to more accurately, and quickly find out the circumstances of the case, and make the fairest decision. That is why it is so important to choose questions that the answers to which would prove the truth of the plaintiff., and this can only be handled by a professional medical lawyer who thoroughly understands the case that he is conducting.

Immediately after a violation by a medical institution, you should not go to court rashly. Before filing a claim, you must correctly select arguments, and evidence in your defense, make sure that all documents are issued following the requirements of current legislation. Only then can you expect a successful solution to your problem. Competence in the legal field related to medicine is the main provision when choosing a qualified lawyer for medical cases.

The medical lawyer will seek:

  • full compensation for paid treatment, and diagnostics;
  • payment for medical products;
  • providing an opportunity for further treatment;
  • compensation for non-pecuniary damage in cases where there is a medical error;
  • refund of other expenses related to treatment, and diagnostics in cases where there is a medical error;

Protection of interests, and services of a lawyer in medical cases by a medical lawyer. Is it realistic to hold a doctor liable for medical malpractice?

The patient, and their rights, in a case where there is a medical error. Our medical lawyer will provide the following services to protect your rights, and interests in the field of medical law:

  1. legal advice on any issues related to compliance with medical law;
  2. analysis of contractual relations in the field of medicine (medical insurance, medical service agreement);
  3. representation in courts of all instances (participation, representation of interests in courts is possible throughout the territory of Ukraine, law enforcement agencies);
  4. protection of doctors, medical workers, doctors, and patients from claims, regardless of the medical industry, and complexity of the case, preparation of documents, consultations, field meetings, negotiations on medical issues;
  5. establishing the fact of medical error, medical malpractice, disclosure of confidential medical information;
  6. compensation for damage to life, and health;
  7. recovery of moral compensation;
  8. full compensation for the cost of diagnosis, treatment, and rehabilitation;
  9. full compensation for non-pecuniary damage to patients affected by poor-quality treatment.

You should also pay attention to such a fact as conducting a pre-trial examination. It is this expertise that can determine the pattern of your further actions through the discrepancy between the previously provided medical services, and how they should have been provided. Responsibility can be borne not only by a specific doctor but also by an entire medical institution. Thus, the doctor who violated your rights will lose his license or be required to pay damages.

Going to court, in this case, is one of the few opportunities to protect your legal rights in the medical industry.

To protect our customers we provide these services:

  • consulting on the specifics of legal regulation in the medical field;
  • conducting pre-trial negotiations with representatives of state bodies, and / or medical institutions;
  • legal audit of contracts, and agreements in the medical field of law;
  • protection of the patient’s interests in court in cases where there is a medical error;
  • assistance in criminal proceedings, assistance in criminal proceedings;
  • proof of an act of medical error, negligence, disclosure of medical secrets, etc.;
  • assistance in obtaining material, and / or moral compensation;
  • receiving compensation for medical services rendered in bad faith, the patient is entitled to monetary compensation;
  • appeal against actions (inaction) of persons in the field of medical activity. The patient has the right to protection.

A medical lawyer provides legal assistance to doctors, and medical professionals

In cases where there is a medical error, for a completely objective picture, we can note that legal protection for doctors, and medical professionals is also necessary.

In Ukraine, they continue to treat a person and do not act solely according to the Protocol for treating the disease.

This is not always a bad thing. For example, in some cases of hospitalization, surgical intervention is indicated, although an experienced specialist can perform the most sparing minimally invasive procedures, and successfully help the patient, without subjecting him to a complex operation, and the consequences after it.

In this case, the doctor takes care of the patient, reduces the recovery period, minimizes the possibility of complications but at the same time acts at your risk, and increases the possibility of negative consequences for yourself, in the form of lawsuits.

Besides, some patients are always dissatisfied with medical care, and seek to recover moral damages wherever they are treated.

In Ukraine, there was a case when a patient sued more than 20 medical institutions, intending to claim moral damages.

Therefore, doctors who are professionals in their field can do their job perfectly but this does not always exclude them from getting a subpoena from a client who is dissatisfied with their condition.

In this case, our medical lawyer in Kyiv will be able to protect you from unfair claims of the patient, problems with your professional work, and restore your reputation as a specialist.

After all, the claims of a dissatisfied patient can not only lead to material losses in connection with compensation for damage but also entail criminal liability.

Dmytro Kasyanenko

Lawyer, managing partner of the Law Firm "Kasyanenko & Partners". Since 2002, Dmytro Leonidovych has started his path in the legal field, moving from key positions in business structures to significant roles in the public sector. Thanks to his experience, he has become a known expert in the fields of criminal law, banking and financial law, commercial and tax law, and litigation.

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