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What are the circumstances in which a lawyer must be hired to deal with medical disputes?

author:Medical lawyer Lin Chuwei

Someone asked Mr. Lin, your articles and videos on law popularization are so professional and detailed, won't they teach others and cause you to have no business? Actually, I have never worried about this, because there will always be friends who value the professional ability of lawyers to entrust lawyer Lin, and there will always be situations where the patient friend needs a medical lawyer with a medical background.

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1. A medical lawyer is required to analyze the medical records and evaluate the facts of the case.

In the event of a medical dispute, whether it is the patient himself or the entrusted non-medical lawyer, it is necessary to hire a professional medical lawyer to evaluate the case, especially to assess the fault liability and compensation amount of the hospital. Therefore, if you want to obtain a more reliable case assessment before initiating the rights protection procedure, you should find a professional medical lawyer, which is also the core value of a medical lawyer.

What are the circumstances in which a lawyer must be hired to deal with medical disputes?

2. A medical lawyer is required to write statements or hold hearings.

The vast majority of medical disputes have to be appraised, and the vast majority of cases that can win the case have been successfully appraised, so the appraisal hearing is the most critical link, before the hearing, it is necessary to submit a statement of the hospital's fault and the proportion of responsibility (there is no statement of materials, some appraisal institutions will not even accept it), there is a certain degree of doctor-patient debate during the hearing, so the statement must be written by the medical lawyer (professional doctors may not be able to discuss the causal relationship clearly), and if the hearing only states their own views, If there is no additional statement from the medical lawyer to defend the other party's point of view, it may miss key points and be detrimental to the evaluation results. Therefore, try to entrust a professional medical lawyer in this link.

3. When the appraisal is not accepted, it is necessary to communicate and reverse the situation, and a medical lawyer is required.

The most unfavorable situation in the progress of the case is that the entrusted appraisal agency will not accept it, and many courts will let the affected party withdraw the lawsuit or make a judgment, how to communicate with the judge to get the opportunity to choose the appraisal agency again and entrust it is the most challenging situation for the lawyer, our team Lawyer Huang is the best at communicating with the judge when the case encounters this dilemma and obtaining new appraisal opportunities, we have a number of cases that are facing defeat and being reversed by Lawyer Huang. Why do you need a medical lawyer at this time, because an experienced lawyer knows how to communicate with the judge, knows the real reason why the appraisal agency does not accept it, and knows which appraisal agency may accept it, so that the judge can fully know that the reason why the previous appraisal agency does not accept it is not that the case itself cannot be evaluated, and that the judge can fully recognize that only by completing the appraisal can the facts of the case be ascertained and a fair judgment made.

What are the circumstances in which a lawyer must be hired to deal with medical disputes?

4. Medical lawyers are needed when formulating litigation strategies for complex and difficult cases.

Some cases are more complex and may not have been handled even by ordinary medical lawyers, and it is necessary to fully weigh the risks and pros and cons of various aspects in order to make a correct litigation strategy, such as whether the medical records can be presumed to cause death without the need for an autopsy, for example, whether the falsification of medical records can be supported in the court, for example, whether there is a causal relationship between the change in the consequences of damage in the course of litigation and the diagnosis and treatment, such as whether the additional defendant needs to be added in a multi-cause and one-effect case, etc., these situations not only need to be weighed by professional knowledge, but may also need to be combined with sufficient experience to make the right decision。

5. A medical lawyer is required when evaluators appear in court to testify.

In order for the appraiser's questioning to change the judge's view of the appraisal opinion, the lawyer needs to be familiar enough with the medical records and professional knowledge, and at the same time, he must be able to use certain skills to "knock the evaluator down", because only when the appraiser's reply is not enough to support his or her point of view, the judge may doubt the objectivity and fairness of the appraisal opinion.

What are the circumstances in which a lawyer must be hired to deal with medical disputes?

6. A medical lawyer is required when an expert assistant appears in court.

Regardless of which party applies to appear in court, the expert assistant only answers the court's questions and expresses professional opinions, and will not refute the other party's point of view, that is, he does not participate in the debate, so the lawyer needs to skillfully ask questions to the expert assistants of both parties, and express opinions that are beneficial to his own party through the mouth of the expert assistant, so it is also deeply involved in medical professional knowledge and requires the intervention of medical lawyers.

7. Unable to participate in the whole process and want to obtain professional legal services.

Many patients want to participate in the whole process of rights protection procedures, but because of work and life reasons, they have no time to take care of it, even if they do not need too much professional knowledge of the procedural work can not be completed, then they need to be represented by a lawyer, and ordinary lawyers can only act as agents for general procedural work, and cannot achieve the professional services of medical lawyers in all aspects, and cannot achieve the effect of avoiding many unfavorable factors (even extra-case factors), so those who seek full legal services must entrust a medical lawyer to represent them.

In short, the cost of hiring a professional medical lawyer may be higher, but in the case of the above situations, if you need to be well handled, you must entrust a professional lawyer, and the patient with limited economic conditions can decompose the legal service agency, for example, only entrust a certain job, and if the economic conditions allow, you can entrust a medical lawyer to represent the whole process, so that the outcome of the case is more secure.

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