Every year, thousands of people place their trust in medical professionals to provide them with appropriate healthcare. Many times, however, doctors, surgeons, nurses and other healthcare professionals make mistakes that cause the patient injuries, pain, and sometimes even death.

Depending on the severity of the case, the patient may be entitled to compensation for medical negligence.

What is the difference between medical malpractice and medical negligence?

Medical negligence is typically the legal basis upon which a medical malpractice claim is made. The concept of negligence, broadly speaking, refers to the act of failing to provide reasonable care in doing something and as a result, injuring or damaging someone else. By itself, negligence does not merit a medical malpractice claim unless the negligence directly results in damages or injuries to a patient.

What are the requirements for a medical negligence case?

1. There must be a duty of care owed. A doctor-patient relationship must exist.
2. While treating the patient, the doctor must have acted negligently, meaning that they deviated from providing the appropriate standard medical care.
3. The patient must have obtained injuries, harm or damages as a direct result of medical negligence. A party cannot sue for medical negligence if they did not obtain injuries or damages as result of the negligence.

Examples of medical negligence cases:

• Administering a medication to a patient that is a documented allergen and causes injury or death
• Failure to diagnose a patient condition that leads to their death
• Failure to provide a c-section in a timely manner and results in injuries to the baby
• Providing the wrong dose of anesthesia during operation and causing the patient injury or death
  Interpreting test results incorrectly or carelessly and causing the patient to fall ill

How can a medical malpractice attorney help you obtain compensation? What types of compensation can you obtain?

A personal injury attorney with experience in medical malpractice cases can prove medical negligence took place. A skilled personal injury attorney will use expert witnesses to prove that plaintiff’s doctor deviated from the appropriate standard of care during treatment and that as a result, the plaintiff obtained their injuries. The expert witness will be able to testify to say whether or not a similarly skilled healthcare provider would have provided the same treatment under the same circumstances. If the witness answers with a no, then the plaintiff could have a strong case for negligence against their healthcare provider.

Victims of medical negligence may be entitled to compensation. The types of compensation an experienced personal injury attorney may be able to sue for include awards for monetary losses incurred from medical care, lost wages, lost future earning potential, and pain and suffering.

For more information about medical negligence, send us a message!