Medical negligence is a term that is often confused with medical malpractice. These two are related in some way, but their differences still stand out. Most people who suffer from injuries while undergoing treatment by physicians are not conversant with what medical negligence means and how to file a claim for compensation. Unfortunate outcomes of a routine medical procedure may not fall under the bracket of medical negligence and if you are not certain about a particular injury and whether it is a case of medical negligence, consult a certified personal injury attorney for clarification.
Definition of Medical Negligence.
Medical negligence refers to an action made by a medical practitioner which resulted in an injury that could have been avoided or one that caused harm to a patient. It could also describe a situation where a physician failed to do an appropriate action, and this caused the patient harm or worsened their condition. There are several ways in which medical negligence can occur, and it is paramount to know the requirements that must be met for a case to be declared as one of medical negligence.
A claim for compensation has to clearly illustrate that the medical professional in question was obliged to take care of the patient at that time and showcased poor professionalism that under the conditions at that instant, led to the loss or injury. Since everybody is not medical savvy, a medical expert will have to analyze the situation and illustrate that under normal conditions, the suspect practitioner inability to demonstrate that skill led to the injury which could have been averted had an appropriate action been taken.
Treatments that fall below the standards set at times fall under medical negligence. These standards are established to uphold the safety and well-being of the patients and any lapse in adhering to them are answerable. If a patient can prove that the treatment they received was well below the set standards, they end up with a strong claim for a medical negligence compensation.
Reasons For Medical Negligence.
Here are some common cases that constitute medical negligence;
- Wrong diagnosis of a medical condition.
- Medical inaccuracies done in emergency facilities.
- Failure to administer treatment within a safe time frame.
- Substandard health care services delivered by medical professionals.
- Mistakes in prescribing medicine.
- Unnecessary surgical practices.
- Contraction of diseases while in hospital.
- Anesthetic mistakes.
- Failure to outline the risks associated with a particular medical procedure beforehand.
- Birth injuries due to negligence.
Filing For A Claim.
It is evident that you need sufficient evidence to support your medical negligence case. Here are some types of evidence that can help prove your claim;
- Medical Records-Refers to all the records outlining the medical procedures done on the patient and they include x-rays, CT scans among others.
- Pictorial Evidence- These pieces of evidence are helpful in showing the injury and its severity.
- Detailed Statement- These are the written reports received from the concerned parties explaining the whole situation to the best of their knowledge.
- Witnesses such as close family members and friends who were around when the action happened or who have any knowledge that might help push for the claim.
The remaining evidence is received from independent medical professionals who are contacted by your legal representative to determine whether the case qualifies to be a medical negligence one or not. In most cases, these experts play a huge role in determining which direction the claim goes as they prepare a report and analyze the situation based on medical grounds.
Medical negligence cases are quite common, and it is advisable to be on the lookout and ensure you receive quality health care. The implications of such situations can be severe and could lead to death. In case of any clarification, always contact a Schrueders medical negligence lawyer and you will be advised accordingly.