What Is Negligence in Medical Malpractice?

When a healthcare professional fails to provide adequate care to someone, that’s medical malpractice. Defined as incompetence or carelessness, malpractice can result in severe injuries or even death, and proven negligence is grounds for legal repercussions.

Medical professionals are held to a high standard of healthcare, rooted in the belief that medical practitioners owe their clients competence, respect, professionalism, and proper care. Understanding medical malpractice is crucial for patients who believe they’ve been harmed due to negligence.

Read on to learn about medical negligence, malpractice, and possible legal repercussions that follow.

The Four Elements of Medical Negligence

Medical negligence is separated into four categories, defined by malpractice claims: duty, breach, causation, and damages.

Duty is a legal obligation for proper care that a healthcare professional must provide to a patient.

The breach is the failure of a healthcare professional to provide proper care.

Causation describes the breach of duty that caused harm, injury, or death.

Damages are the tangible harm or injuries resulting from negligence and medical malpractice.

Each element culminates in a legal claim against healthcare professionals for medical malpractice and negligence.

Common Examples of Medical Negligence

Medical negligence can manifest in various ways, but misdiagnosis, surgical errors, medication errors, and post-surgical infections are the most common. In each instance, medical professionals failed to provide adequate care to patients, resulting in serious injuries, illnesses, and sometimes death.

The Legal Process in Medical Malpractice Claims

The legal process for medical malpractice begins with an initial consultation to establish wrongdoing and present your case. This involves gathering evidence and then filing a formal complaint where both parties state their cases through the court system. Settlements are discussed, and if no agreement can be reached between parties, a judge and jury will determine the outcome via a trial for medical negligence.

If the plaintiff or the defendant is unhappy with the trial’s outcome, they can file an appeal. However, an appeal doesn’t guarantee a different result.

Understanding and Addressing Medical Negligence

If you think you’ve been a victim of medical malpractice, consider the following symptoms:

• Unexplained, persistent, or worsening pain after medical treatment.
• Unexplained, unexpected, and baffling complications after medical care.
• Obvious medication errors, such as the wrong medication or incorrect dosage.
• Incorrect diagnosis or late diagnosis of a severe illness or disease.
• Surgical errors include surgery on the wrong site or unnecessary procedures.

Medical negligence is a serious offense requiring legal action to hold healthcare professionals accountable for malpractice.

For more information, contact Grewer Law.