Negligence is a mistake made by a person who claims to be exercising reasonable care but fails to comply with any or all of the duties imposed by law or accepts the risk at their own cost. When negligence turns into medical malpractice, an individual’s failure to follow their legal responsibilities has led to severe damage for another person. It can also lead to compensating for damages to ensure that a family member’s life is not permanently altered due to injury caused by negligence.
4 Requirements for Negligence to Turn into Medical Malpractice
- Harm – Bodily Injury
An individual who is a part of an accident that may have been caused by negligence must show proof that they sustained damage due to it. It is not enough to claim that they may have been injured in some way by the occurrence when there has been no damage caused to their body. Physical bodily harm includes broken bones, scars, burns, and bruises. Other damages, such as neurological infections and exposure to disease, are also forms of bodily injury.
- Duty and Liability
To be liable for damages due to medical malpractice, an individual must have been obligated to act in a certain way. The level of damage must be proportional to the amount that was owed. For example, if a patient arrives at the hospital with an eye infection, but the physician did not provide any treatment, they would be found responsible for their actions in not treating the condition. The physician would also be liable because someone could have died from this infection if it had been left untreated.
- Relation of Cause and Effect
For negligence to turn into medical malpractice, there must be a direct connection between the failure to act according to the standards set by law and the resulting harm. For example, if an individual came in with a broken arm and claimed they were not treated respectfully by their physician, this would not be considered medical malpractice. It is up to the plaintiff, in this case, to prove that they were treated improperly because of race or gender, or any other form of discrimination.
The individual bringing the claim must show that they suffered damages as a result of the medical negligence. The compensation of damages will be proportional to their physical and emotional suffering due to being injured by this medical negligence. The essential factor in determining the degree of compensation is whether or not the victim would have been better off if they had not gone to see their physician. If it is determined that they would have been better off without seeking treatment, their compensation award might be lowered or discontinued altogether.
When negligence is diagnosed as a result of medical malpractice cases, an individual’s failure to follow the legal standards set by society will be presented in court. The physician who caused the harm may be held liable for their actions or be found not guilty because there is no proof of wrongdoing. However, you can do nothing to correct the injury once it has taken place but you can file a claim and take legal actions with the help of an injury lawyer.