Medical negligence occurs when a medical professional fails to take appropriate measures when dealing with a patient’s condition.
As a medical practitioner, therefore, it is important to understand what constitutes medical negligence to avoid getting into trouble with the law. Here are some of the actions that fall under medical negligence:
- Failure to evaluate or diagnose a patient’s condition
- Wrong diagnosis of a medical condition or disease
- Failure to provide proper treatment for a patient’s medical condition
- Unjustified delay in administering treatment to a patient
- Conducting a medical procedure on a patient without her or his informed consent
Here are some of the examples of medical negligence claims:
Birth injury claims
These are medical claims made due to injuries or death of an infant or mother during childbirth
Failure or late diagnosis
You can also sue a medical professional who fails or delays to diagnose a patient’s condition on time to initiate the treatment process.
If a doctor fails to treat a patient’s fractures, which then develops into serious complications as a result of the negligence, he or she may get sued for the damages caused.
Removing the wrong limb or organ during surgical procedures is also considered medical negligence and can warrant a claim on medical malpractice.
The process of recovering damages that arise from medical negligence is usually litigated by a court of law. Depending on the ruling, a patient may qualify for various types of compensation, including:
- Compensation for medical expenses
- Compensation for future earnings
- Compensation for suffering
- Punitive fines on the medical practitioner
Medical malpractice cases are strictly regulated by the medical malpractice laws. Before making a final decision, the court will analyze all the evidence provided and check whether the patient’s pain and condition worsened due to medical negligence. If found guilty, the court may recommend suspension or revocation of the medical practitioner’s working license.