Health Care Negligence occurs when a doctor or other medical professional commits an act or omission that falls below the acceptable standard of care and causes injury to a patient. A claim for medical malpractice requires proof of a patient’s harm or loss, the defendant’s breach of their duty of care, and resulting damages. Typically, claims involve malpractice in areas like diagnostics, treatment, and aftercare.
Every healthcare provider has a professional responsibility to meet a certain standard of care when treating patients. This includes a commitment to perform medical evaluations on all patients consistently and uniformly, adhere to medical standards of practice, and take reasonable care in carrying out treatment and testing procedures.
However, even when healthcare professionals are following the proper procedures, mistakes can happen. Injuries from Health Care Negligence can be mild, severe, or life-threatening. Even though everyone makes mistakes, it is important to understand that not all errors are clinical negligence.
What Is the Difference Between Medical Malpractice and Clinical Negligence?
Medical malpractice and clinical negligence are similar, but there is one key difference. Medical malpractice involves the physician’s intent, and clinical negligence doesn’t. It is possible for both types of negligence to result in injuries, but the distinction comes down to the healthcare professional’s awareness and intent.
If you or a loved one have been injured by a healthcare professional’s action or inaction, it is important to bring the matter to your attention as soon as possible. The sooner you take action, the better chance of a successful claim.
The most common forms of healthcare negligence include:
Getting diagnosed with a medical condition that could be treated successfully is the first step to a full recovery. A delay in diagnosis may lead to worsening of the medical condition or death.
Another common type of healthcare negligence is failure to obtain informed consent prior to a procedure. Informed consent means that the doctor must fully explain to a patient what the process entails, what risks are involved, and alternative treatments.
A physician’s failure to follow the correct treatment protocol can also give rise to a claim for medical malpractice. This is when the doctor does not use the most appropriate method for a particular patient’s medical condition, such as failing to follow the recommended medication guidelines or avoiding surgery or other treatment options.
In addition to doctors, other healthcare providers can be liable for medical malpractice, including hospitals and clinics. They may be liable under the legal doctrine of vicarious liability, which holds an employer responsible for the acts of on-duty staff members. Hospitals may also be liable for negligent hiring practices or providing inadequate training. They may also be liable for defective medical equipment. If you think you or a family member has been harmed by healthcare professionals, it is vital to seek legal advice as soon as possible. A lawyer can help you determine whether you have a case and guide you through the process of seeking compensation.