Q: I need to appeal to a decided case. The doctor is negligent bcs he didnt provide reasonable advice to ptf’s wound.
I need to appeal to a medical negligence case. The court held that the doctor was negligent because he did not provide reasonable advice to the plaintiff to ensure that the wound was properly taken care of and failed to ensure that the appropriate and reasonable advice was given to him. Also, when the plaintiff was unable to attend the hospital for further treatment due to his financial difficulties, the doctor only continued to have discussions with the plaintiff through WhatsApp messages alone and by way of pictures of the wound shared through the said mobile application. How to appeal to this case?
A: Your question is unclear. If you are looking for a medical malpractice attorney or an appellate attorney, you can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. From your description, it sounds like the court ruled in your favor. Keep in mind that in a malpractice action, you need to demonstrate 1) that the physician's treatment departed from the accepted standard of care; and 2) that such a departure was a substantial factor in causing you harm. One without the other is not a case. So even if the doctor's treatment fell below the standard of care, if it did not cause you any harm, it's not malpractice. No harm = no foul.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
