Medical Negligence is a failed act by a medical professional that deviates from the accepted medical standard of care and duty. When the negligence is the cause of harm to a patient, there may be a good valid point to file a case. To provide treatment that is in line with the “medical standard of care” is the job of a skilled health care professional.
But when a doctor, dentist, nurse, surgeon or any other medical professional deviates from this accepted medical standard of care, there rises the case of medical negligence. Even providing a treatment that is sub-standard in terms of accepted medical norms can be claimed to be negligent.
When can the doctor be liable for medical negligence?
Before holding a doctor liable to his fault, it is important to reiterate that medical negligence does not always result in injury to the patient. If a health care professional deviated from the appropriate medical standard of care in treating a patient, and as a result, if the patient is not harmed in any way then this negligence won’t lead to a medical malpractice case.
Mainly one should understand that medical negligence becomes medical malpractice when the doctor’s negligent treatment causes injury to the patient. If the health of the patient deteriorated or causes unreasonable complications then a valid case can be filed as per malpractice.
A medical malpractice claim will fall short if the doctor’s medical negligence was not a foreseeable result of the patient’s harm and had no effect on the patient’s condition. If a doctor is unable to explain how the incident could have occurred or what is the reason behind the patients depleting health without negligence, then in the absence of any such explanation, the liability of doctor arises.
A doctor is always held liable for only his acts but he can also be held liable for the acts of another person in circumstances where he had given charge to administer other sub assistant doctor or nurse to handle the case and their level of treatment injures the patient. If that person fails to perform his or her duty properly and may not owe any duty of care at all to the patient then the doctor is held liable and responsible for this negligence.
Get a Claim Evaluation from Medical Malpractice Attorney
If you are unsure who is liable and who you should be undertaken in front of the law you can contact specialist lawyers such as Law Advice who can help you to guide and answer these questions properly. By hiring an attorney you can discuss the strengths and weaknesses of your case and take advice on how to take the first move to get a claim evaluation.
Procedure For taking a Legal Action
In cases of medical negligence, one can seek compensation or the remuneration of the losses in return. The liability on the doctors can be of two types wherein he provides compensation in terms of money to those injured or in other cases the court can impose sanctions on them so that they function responsibly in the future.
Certain circumstances where you can file a complaint are: –
- When there is damage to the organ due to negligence in treatment
- When wrong care and treatment is provided due to the wrong diagnosis
- When proper care and immediate treatment is not given in times of emergency
- If the prescription summary or the tests reports are not provided
- When the treatment is given from outside the medical norms
- Government hospitals can be made liable if the contribution of such negligence is from the employee of the hospital
- In case of non-availability of oxygen cylinder in the hospital, both the hospital and the doctor can be made liable for medical negligence.