Tag: medical negligence law

Medical negligence law refers to the rights of a patient who has suffered from an action, inaction, or an omission made by a healthcare provider who failed to meet the accepted standard of medical care. Misdiagnosis, surgical malpractice, pharmacological errors, and infections can cause injury, disability, or even death.

Medical negligence law establishes responsibility and safety for the patient while promoting transparency and building trust between the patient and the medical provider.

Equipped with extensive knowledge regarding medical negligence law and dedicated to upholding justice, we’ve put together this guide to help victims understand their rights and know when to seek compensation.

Defining Medical Negligence

Medical negligence and medical malpractice are often mistakenly used interchangeably. Although similar and often intertwined, they have different meanings within the context of medical negligence law. Negligence specifically refers to when a healthcare professional has not acted within the accepted standard of care, resulting in accidental harm to the patient. This can include misdiagnosis, treatment errors, or mismanagement of a patient’s condition.

Medical malpractice, on the other hand, occurs when the medical practitioner is aware of the potential harm their actions could cause before the mistake is made. The legal difference between medical negligence and malpractice is subtle, but a skilled medical malpractice attorney can help you determine which your case falls under.

Although the definition of medical negligence varies slightly from jurisdiction to jurisdiction, courts generally require proof of four elements in order to establish liability: duty, breach of that duty, damages, and causation of those damages. This legal framework helps identify when a patient or loved one may have been a victim of medical negligence.

Types of Medical Negligence

Medical negligence can take on numerous forms, each with its different challenges. Negligence in diagnosis could be in the form of misdiagnosis or failure to diagnose a condition, which may result in inappropriate or delayed treatment and aggravation of the patient’s condition. Surgical negligence includes operating on the wrong site or leaving instruments inside the body, which might cause permanent injury or even death. Medication errors include improper dosages or administration that can lead to severe reactions or even fatal overdoses.

Another important concern is the lack of informed consent, where a medical professional does not sufficiently inform the patient of the risks involved in a particular treatment or the alternatives available. Essentially, this denies the patient their right to make an informed decision regarding their care.

Due to the multiple forms of medical negligence, seeking professional legal representation and guidance is of the utmost importance.

Establishing Medical Negligence

In legal cases, the plaintiff, or victim, has the burden of proof. In medical negligence claims, the plaintiff needs to establish that the action of a healthcare provider has fallen below the accepted standard of care. As mentioned above, the plaintiff must prove four elements to establish liability. Proving the duty and breach of duty are essential to establishing medical negligence

• The duty itself is defined as the obligation of a healthcare provider to meet the accepted standard of care; usually, that standard of care is established through expert testimony.
• A breach of duty is when a medical professional fails to meet or departs from the standard of care, resulting in damages. Expert testimony by medical professionals who specialize in the same field as the defendant can help establish the standard of care and demonstrate exactly how the actions of the provider in question breached that standard.

Detailed documentation is also key in establishing negligence. Medical records provide evidence of care that could determine the standard of care, breaches of such standards, the extent of the damages or injury, and even help establish causation. Poor recordkeeping or inaccurate or missing records could make it more difficult to prove negligence. Each of these factors is critical in the search for justice and compensation.

Common Defenses

The most common defenses in medical negligence cases include challenging the plaintiff’s version of events, explaining the reasonableness of the medical professional’s actions, or even challenging the extent of damages incurred. The anticipation of such defenses better arms the plaintiff in presenting a strong case.

Healthcare providers often have medical malpractice insurance that covers compensation awarded in medical negligence claims. As such, it is essential for victims to work with experienced attorneys who understand the complexities of medical negligence law and can effectively negotiate with insurance companies to secure fair compensation.

The experienced attorneys at Warren Allan LLP understand the intricacies of medical negligence law, enabling them to present medical evidence in an articulate manner while supporting the rights of their clients as they pursue fair compensation.

Damages and Compensation

In medical negligence cases, victims may be entitled to various types of damages, including economic, non-economic, and punitive damages. Economic damages compensate for tangible losses, such as medical expenses, lost wages, rehabilitation costs, and other out-of-pocket expenses incurred due to the healthcare provider’s negligence. Non-economic damages, on the other hand, offer compensation for intangible losses, including pain, suffering, emotional distress, loss of enjoyment of life, and other non-monetary losses. Punitive damages are less common and are intended to punish healthcare providers for either intentional or reckless conduct.

The compensation awarded in medical negligence cases is influenced by various factors, including the severity of the harm suffered, the extent of the victim’s losses, the jurisdiction in which the case is brought, and the strength of the evidence presented. In some cases, the victim’s own actions, or lack of, may also impact the amount of compensation awarded. For instance, if a victim fails to follow a prescribed treatment plan, it may be argued that their actions contributed to their harm, potentially reducing the amount of compensation awarded.

The Bottom Line

Medical negligence is a complex issue with significant consequences for victims and their loved ones. Understanding medical negligence law and establishing medical negligence allows victims to better protect their rights. Shedding light on medical negligence empowers individuals and their loved ones to advocate for their rights and interests and helps to promote a safer, more accountable healthcare system overall. If you or a loved one believe medical negligence may have occurred, it is essential to seek legal advice as soon as possible. The attorneys at Warren Allan LLP are committed to advocating for victims of medical negligence, working tirelessly to ensure injured parties receive the maximum compensation available under the law.