Medical Negligence

Medical negligence is defined as the act of deviation from professional duty of care or the failure to perform any accepted standard of care in terms of medical skills or knowledge resulting in damage, loss or injury. During instances of medical negligence or malpractice, the injured party is able to take lawful action.

In most jurisdictions, people are entitled to receive a standard of medical care. And in such cases, negligence arises when health care professionals are not able to adhere to the said standards. This can result to possible erroneous actions that can compromise a client's well being. Inadequate care, skill or speed are some of the causes of medical negligence claims. Doctors, specialists, nurses or any professional who assumes responsibility to a client's medical care can be held liable for negligence. Medical facilities also play a significant role in the process and they too, can be held liable.

Medical negligence is under the laws of Tort, a wrong injury or private wrong which isn't a breach of contract. Torts can be intentional, when a certain professional intends to be negligent, violates his duty or when he fails to perform the right standard of care as dictated by law. Some of the aims of the Tort system in terms of medical indemnity include providing compensation for any injury, fostering patient safety and to create accountability for actions.

Unfortunately, the process is quite adversarial in its process, putting health care providers and doctor against each other, destroying the trust needed for an efficient partnership of care and destroying the concept of patient safety.

For a successful medical negligence claim, a plaintiff should prove all elements of the tort.

A duty was owed. Legal duty exists when a health care provider or facility treats a patient.
A certain duty was breached. A medical professional was not able to adhere to the guidelines of standard care.
The incident caused a degree of injury. The breach of duty caused injury.
There is damage. Without damages, there will be no basis for claim, even if the health care provider was negligent.
Medical negligence shouldn't be used because of dissatisfaction. It cannot be used just because a certain health care provider failed to cure a certain medical condition. A person who is filing for medical negligence claims must suffer harm. Medical malpractice cases are often heard in court and could include a jury. These claims do not result in criminal prosecution. Individuals who are found guilty may be subject to various consequences such as revoking of licenses and suspension. They are also responsible for a financial compensation for the victims.