We rely on medical professionals to take care of us when we need them most. Doctors, being one of the most trusted professions in the world, have a special skill set honed through time to ensure the wellbeing of their patients. They are most often held to a higher standard; however, sometimes, there is malpractice in the administration of the medical treatment, causing more harm and danger to the client.
Medical negligence, also known as medical malpractice, is a cause of action that occurs when health care professionals cause injury or harm to a patient under their care as a result of an act or a failure to act. Patients who have suffered from this may file a medical negligence claim which can be proven through the following:
Existence and Extent of Doctor-Client Relationship
The first thing to prove is that there must be a duty of care owed by the doctor to the patient. A doctor-client relationship ensures that competent medical care should be applied, combined with the practitioner’s professional skill and judgment, to treat the patient. Proving the existence of this relationship is rarely disputed, as this simply tells the jury there is, in fact, a medical practitioner who has an obligation to provide reasonable care.
Failure to Comply with the Standards of Medical Care
To prove medical negligence, it should be proven that the given treatment falls below the standards of medical care. Misdiagnosis, absence of consent, errors in prescription or medication, and failure to warn against all risks involved in the treatment may fall in this area. The Australian standards for the medical community are used for this judgment, which in turn is based on the opinion of a large body of other healthcare professionals working in the same field.
Negligence as the Cause of Injury
When the failure to comply with the standard levels of care is proved, it should also be established that this failure resulted in the damages that happened to the patient. This provides the link that the law uses to connect the responsible person to the harm implicated. Moreover, this should prove that if not for the negligent act, there would have been no harm involved. The scope of liability determines if the medical professional can be held liable for the damage and provides a basis for evaluation of concerns.
Thresholds of Damages
The court also needs proof of the existence and extent of damage in order to resolve the claim. Additional medical costs, loss of wages, and other inconveniences that surpass the threshold of acceptable damages may be added to this. Since compensation for the suffering or losses is usually paid in a lump sum, long-term effects of the injury, depending on its nature, might sometimes be overlooked. Additionally, there are caps to the amount of compensation that can be provided, which makes this aspect of medical negligence claim more complicated.
Completeness of Elements Presented to a Judge or Jury
Perhaps the biggest hurdle to get over during a medical negligence claim is the ability of the medical professional to set up defences against the claim, thereby disproving one or more of the elements stated above. The completeness of all the factors is necessary to achieve a successful claim; however, this can be too complicated and too much of a burden for a patient to do.
Healthcare malpractice has too many pitfalls and loopholes that may seem daunting to any inexperienced body. The law does not prevent anybody to file a negligence claim but proving it and ensuring its success for your compensation is one whole different thing. You should have the best team to help you out with injury settlements and compensation claims.
We hold our medical staff and institutions to a high reverence. We expect them to treat us responsibly and reasonably. This is why you should stand your ground. Let a medical negligence lawyer help you if you believe you have been a victim of medical negligence.
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