What’s medical negligence & what can be done to help?

Anyone who is sick, injured or suffers from any condition that affects our health, we want to receive the best medical care possible. The person who offers it, in most cases a doctor, agrees to watch over the patient; to provide them with excellent medical assistance including the diagnoses and the procedures that he is going to carry out. When this does not happen and the person responsible does not fulfill their duty is called medical negligence.

Everyone has the right to receive adequate medical care and sufficient enough to recover their health peacefully. This is a duty that the doctor and his team acquire upon receiving the case, and they must apply their knowledge in the best way. Medical negligence occurs when this is not accomplished. Because of carelessness or omission by the doctor and his team can cause severe harm to the patient or even something as irreversible as death.

The doctor should try to save the patient’s life using all possible means, but failing to do so is committing a serious fault to his ethics and the objective of his work. The patient who puts himself in the hands of the medical team expects them to do a good job without trying to cause them any harm.

The people who are victims of medical malpractice and have made it out alive usually try to find a compensation by legal means. Tragically there are other cases in which the patient loses their life due to negligence and it is their relatives who try to do justice for them. Because of this, every year there are many people who lose their lives or are left with irreparable damage for the rest of their lives.

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The death of the patient does not always mean negligence if the doctor and his team did everything possible to keep him alive but there was nothing left to do. But with a simple misdiagnosis or poor treatment, it enters the case and you can take a legal action.

The doctor himself may admit from the beginning that he committed negligence because he is aware of what he did and repents. There are some cases in which the doctor decides to cooperate trying to find a solution to their error, usually for free; and others in which he does not, continuing with his negligence.

To carry out legal action is necessary to first prove the authenticity of medical malpractice. For this, the circumstances in which the events occurred are analyzed and it is determined if the patient had received the same medical assistance with another doctor or health team.  If the result of this is negative, you can continue with the claim.

It is necessary to get confirmation from a professional that what happened was medical negligence. This merit is obtained when the professional evaluates the patient’s medical history determining if the original physician did not do what he should which resulted in the injury or death of the patient.

To save a lot of money, many people try to talk first to the doctor who performed the malpractice and establish a deal without taking it to court. This depends on whether the doctor decides to cooperate or not. If not, it is better to go down the legal path with a good base.

It is recommended to hire a lawyer specializing in medical malpractice as his experience is what will lead to winning the lawsuit. The attorney in evaluating your case will know what to do to achieve the appropriate compensation.

The doctor can be given from a wake-up call to even confiscate his medical license along with a large amount of money. One of the reasons why this happens is because doctors accept diagnoses that they themselves cannot treat. And a large portion of the time that medical malpractice occurs, the doctor or medical team does not get any repercussions.


Ellen Cone