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Medical negligence is defined as the failure to act with the same amount of care that a medical professional would have acted with in the same circumstances.


Medical malpractice is a legal cause of action that occurs when a medical- or health care professional deviates from the standards of his or her profession, which action or omission results in the injury or death of a patient.


Negligence takes various forms and degrees of severity. The degree of severity will determine how much a victim can possibly win in compensation.


The following four elements which constitutes negligence must be present in order to prove medical malpractice:


  • health-care professionals or health-care providers had a duty to provide health care to a specific patient and to provide such patient with reasonable care in their treatment;


  • Health-care professionals or medical facilities failed to provide the standard of medical care;


  • This failure to provide the standard of medical care resulted in harm or injury of the patient


  • The patient must prove that he/she suffered damages (harm or loss)


Examples of medical malpractice:


  • Incorrect or delayed diagnosis;


  • Inappropriate treatment of a condition;


  • Medication errors such as administering the incorrect or wrong dose of medication;


  • Surgical errors, including the cutting of unintended tissues, leaving medical instruments behind during a procedure, surgery on the wrong site.


  • Nursing staff failing to communicate new patient symptoms, concerns or complaints to doctors and other medical professionals.


  • Anesthesia errors;


  • Errors in interpreting laboratory- or test results;


  • Childbirth injuries.


Compiled by Ingrid Meyer


Legal Attorneys

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