Medical negligence is also referred as medical malpractice. It basically occurs as a result of failure of a medical professional to meet the standard of good medical practice. Medical negligence can be committed by a doctor, hospital, nurse, other individual or institution, licensed to provide medical care or treatment. These terms, medical negligence and medical malpractice refer to medical care that is flawed because of negligent act by a medical professional or facility. It usually results in a personal injury or wrongful death.
A person who has been injured as a result of medical malpractice can retaliate and take legal action. These cases are taken under Personal Injury law. Some common cases, under which a person is liable to take legal action, are:
• Undiagnosed or misdiagnosed injury or illness
• Administration of the wrong medication or the wrong dosage
• Mistakes during surgery
• Mistakes during childbirth
• Defective medical products such as drugs and implants
• failure to warn of risks in treatment
• delayed referral to specialists
Medical negligence laws do not apply to those who are dissatisfied with the results of medical care. Additionally, it does not apply to those whose medication condition has not been cured by a medical professional. A person who is claiming to be a victim of medical negligence should have suffered some harm on the hands of a medical practitioner. The harm should be a result of negligence on the part of the medical care provider or institution.
Medical malpractice and personal injury laws are complex and the cases can take a long time to finalize. Medical malpractice claims involve analysis and a deep study of medical records and all tests and studies such as MRI, CAT scan, pathology studies, etc. to determine the viability of the claim. It is very important to seek help from an experienced malpractice lawyer or attorney, who understands the complex laws deeply.
The main purpose of a medical malpractice lawsuit is to compensate the claimer. These clinical law suits are there to keep the doctors from making unnecessary mistakes and concentrate on providing the most competent medical care. The fear of a clinical lawsuit keeps the quality of care up to the mark.
The victims of clinical negligence suffer deeply in terms of financial, physical and emotional injury. They are usually compensated not only for the injury itself, but also for ongoing pain and suffering and for financial expenses. The victims are compensated for;
• Corrective clinical treatment
• Rehabilitative services
• Pain, distress or loss of faculty
• Lost wages
• Loss of future earning capacity
• Support of dependents such as minors
• Emotional damages, such as stress and depression, or strains on family relationships; for example, the inability to take care of children.
Carrying a medical negligence case forward is a very lengthy, time-consuming and complicated process. It requires knowledge about medical care standards and procedures. The medical malpractice cases are usually defended furiously. The victims of the medical negligence have a very limited time limit to file their case in. So, if the victim is sure that he has a case, he should at once contact a qualified solicitor.