One of the most noble professions is the medical profession. The doctor and hospital staff are responsible for taking care of a patient’s health and well-being. In several cases, the doctor is expected to save a patient’s life especially when he is rushed to the emergency or suffering from a critical illness. The doctor and supporting staff is expected to take all necessary precautions and care to ensure that the patient does not suffer any issues while in the hospital and under the care of a doctor. However, cases of medical negligence are not unheard of in the healthcare industry.
What is Medical Negligence?
Medical negligence can be understood as the failure of a medical practitioner to act in a manner that does not conform to the accepted medical standards of care.
Medical negligence can cause a grave injury to the victim making his life difficult. In certain cases, medical negligence can cause the death of the patient.
Medical negligence falls under the scope of civil law or tort. A personal injury lawyer can represent the victim of a medical negligence case and claim compensation from the doctor/hospital. Your personal injury lawyer may hire medical experts to study the details of the case to establish whether the injury caused to the victim is because of negligence or some other reason. The medical expert can also provide evidence to prove medical negligence on the part of the doctor/hospital. He can be summoned to the court to testify against the doctor/hospital.
Some common instances of medical negligence are:
- Birth injuries to babies
- Complications in the maternal health
- Errors while treating patients in the emergency room
- Mistakes while performing surgeries that cause injury to the patient
- Negligence in the pst-operative care
- Anesthesia errors
- Errors in medication, either in administration or prescribing medicines
- Improper diagnosis by the doctor
- Infections acquired in the hospital
- Injuries caused due to the failure of medical devices or equipment
While these are common occurrences of medical negligence, there are several other types of injuries that may be caused due to medical negligence.
Medical negligence comprises the following elements:
- Duty of Care
- Breach of Duty
- Cause in fact
- Proximate Cause
- Damage Caused
In case a patient files a case against a doctor or hospital for medical negligence, all these elements must be proved.
It is important to understand that medical negligence may not always cause an injury to the patient. Also, not all cases of medical negligence can be questioned. For instance, if the patient has not paid the doctor or if a procedure that results in an injury is performed with the consent of the patient.
Although most doctors they that no harm is caused to a patient while providing treatment, there are instances where a slight carelessness by the doctor or his staff could cause harm to the patient.
Whatever the cause, if a patient suffers because of the medical treatment provided they have a right to file a lawsuit and claim compensation from the doctor/hospital responsible for the injury.
You will need to hire an experienced attorney to represent you if you are the victim due to medical negligence. Autrey Law Firm has a team of expert personal injury lawyers who are knowledgeable about the nuances of medical negligence.