Medical negligence is a topic that, whilst critical often elicits confusion and concern amongst patients and their families. With the complex nature of healthcare, mistakes can happen, but what distinguishes an unfortunate incident from a negligent act?
Medical negligence happens when a healthcare professional fails to provide the standard of care that another competent practitioner would have provided in those circumstances. This failure can result in harm to the patient. Key components include.
- Duty of care – A healthcare provider had a legal obligation to deliver proper care to the patient.
- Breach of duty – A provider failed to meet the accepted medical standard through action or inaction.
- Causation – There must be a direct link between the breach of duty and the injury sustained.
- Damages – The patient must demonstrate that they suffered actual harm or damages, which could be physical, psychological or financial.
Common Examples of Medical Negligence include
- Misdiagnosis or Delayed diagnosis – failure to identify a condition accurately or in a timely manner, worsening the patient’s probable outcome(s).
- Surgical errors – this may include operating on the wrong body part, leaving surgical instruments in the body cavity or making critical mistakes during the procedure.
- Medication errors – administering the wrong medication or dosage resulting in severe complications or even death.
- Failure to obtain informed consent – Patients have the right to understand and consent to any procedure, and a failure to provide adequate information can constitute negligence.
- Neglect or lack of care – Inadequate care in nursing homes or hospitals, such as failing to monitor a patient’s condition or not providing necessary treatments, can lead to serious harm or even death.
What to do if you feel you or a loved one have been a victim of clinical negligence?
- Document everything: Keep detailed records of your medical treatment, including dates, healthcare providers and notes of communication with professionals
- Seek a second opinion: If you have doubts about a diagnosis or treatment plan, consult another healthcare professional for their prospective.
- Consult a legal expert: If you believe negligence has occurred, consult our medical negligence experts at Southerns. They can advise you on your rights, support you to explore your options and determine if you have a valid claim.
- File a complaint – Depending on your situation, it may be appropriate to raise a complaint before initiating court proceedings.
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