Handling Medical Negligence Cases

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  • April 1, 2016

Handling Medical Negligence Cases

If a medical provider fails to exercise the sort of care and prudence, medical negligence takes place. Medical negligence may also take place when a healthcare provider does not exercise the sort of care and prudence that other providers in the same area of medicine provide. Medical negligence can occur such as recklessness, inattentiveness or an omission. Common types of medical negligence include misdiagnosis, failure to provide treatment of a patient’s ailment, administration of the incorrect medication, and the failure to inform the patient of the risks associated with a treatment or with information about alternative treatments. Tort law governs medical negligencecases.

To establish that the provider’s negligence was malpractice, a claimant should establish the healthcare provide owed a duty to the victim, the healthcare provider breached the duty, the healthcare provider’s breach caused the injury and the patient suffered damages because of the healthcare provider’s carelessness.

Sometimes it is actually apparent that a medical provider’s actions were the caused of a patient’s injury. When such things happen, a claimant can use the doctrine of res ipsa loquitur to establish negligence. Res ipsa loquitur means the point that speaks for itself.

When the injury alone presents an acceptable basis for the inference that the medical provider breached the duty of care, a claimant might use this doctrine to determine mistake. The claimant should prove the following to establish medical negligence using res ipsa loquitur which is the sort of injury would not normally happens to the absence of medical negligence, the instrumentality that induced the injury was in the sole control of the defendant and the victim’s conduct did not produce or contribute to the injury.

The standard of care for a medical provider is based on the kind of care and knowledge that a healthcare provider in the same field might exercise. Every person owes a duty to act as a reasonable and prudent person could but a higher duty exists for healthcare providers. Medical providers have a skill that a person in the same profession could exercise.

A court may find that a provider didn’t meet the standard of care when he or she was unable to exercise the same kind of care as others in the same profession. A general practitioner is anticipated to act as a general practitioner would in the same geographic area and a specialist have to possess the particular field or experts with expertise with a procedure to determine the standard of care in medical negligence cases.

If you think you have been among the victims of medical negligence you could claim for compensation for your injury and suffering brought by the negligent act of the healthcare provider. Seek the help of a specialized medical negligence lawyer to be able to assess your case quickly.

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