Legally, negligence is a common term in legal circles. This term is mostly applied when determining the party at fault in a personal injury claim. For instance, if you are involved in an accident where another driver was at fault, it is your responsibility to prove that he or she breached traffic laws. This also applies in the medical field, where the affected party is expected to prove who was at fault.
Medical negligence is the premise of all medical malpractice claims. This means the plaintiff bears the burden of proving medical malpractice when putting forward a medical malpractice claim. So what constitutes medical malpractice? Ideally, medical negligence can be defined as an act or omission by a healthcare professional that goes against the accepted medical standards. That said, here are some important facts that you should know about medical negligence and medical malpractice.
What Does Medical Negligence Entail?
Doctors and other caregivers owe their patients a duty of care. This means that they have to provide treatment while observing medical standards of care. So, medical negligence results when a nurse, doctor, dentist, or surgeon acts or renders their services in a way that deviates from medical standards of care. If a doctor provides substandard services when attending to a patient, and the patient is harmed, or their health is impacted, they should expect a medical malpractice claim. As a result, if a negligent act does not affect the patient in any way, then their negligent actions will not lead to a malpractice claim.
Does Medical Negligence Equal an Injury?
Most people think that medical negligence always results in an injury. Ideally, medical negligence does not always equal an injury. There are cases when you can have a doctor deviate from the standard practice, but the patient is not injured. This means that you can be a victim of medical practice only to end up unhurt. To that effect, not all incidences of medical malpractice end up in the courtroom.
Does Medical Negligence Equate to Malpractice?
As suggested before, negligence becomes medical malpractice if the patient suffers in the process. This could be when the doctor’s actions aggravate the patient’s condition, necessitates further treatment, or leads to an untimely demise. Legally, the patient or affected persons bear the burden of proof. For the best outcome, the services of a medical malpractice lawyer come in handy.