Medical negligence occurs when a healthcare provider acts carelessly during their treatment of a patient. If that careless behavior results in an injury to the patient, the provider can be held legally responsible for those injuries. Proving medical negligence requires showing specific legal elements.
Medical negligence is often used interchangeably with the term medical malpractice. However, there are some nuanced differences between the two. Keep reading below to learn everything you need to know about medical negligence and what to do if it happens to you.
Medical Negligence Defined
In its most basic form, a person is negligent when they act carelessly or fail to act as a reasonable person would under similar circumstances. Medical negligence is really no different from standard negligence, except that it occurs in a medical or healthcare setting.
Medical negligence happens when:
- A doctor or other healthcare provider acts carelessly in their treatment of a patient
- A healthcare provider fails to perform an act that would be required in a reasonable course of treatment
Conduct that is considered medical negligence is generally always considered accidental. The healthcare provider does not intend to harm the patient. However, even though the conduct may be accidental, the provider can still be held accountable for the consequences.
Legal Elements of Medical Negligence
In order for a doctor’s conduct to be considered medical negligence, the patient must prove several legal elements.
Those are:
- A doctor/patient relationship existed
- The doctor owed the patient a duty of care
- The doctor breached the duty of care
- The patient suffered an injury or other harm
- The patient would not have suffered the injury but for the doctor’s breach of the standard of care
- A reasonable healthcare provider could have foreseen the harm that would be caused
Proving medical negligence is usually at issue in a personal injury or medical malpractice claim. These claims are heard in civil court and must be proven by a preponderance of the evidence. This means that you must be able to show that your claim is more likely true than not.
Common Examples of Medical Negligence
Unfortunately, medical negligence happens much more often than most people realize. While it is true that accidents happen, carelessness during medical treatment is unacceptable. Providers whose careless conduct harms a patient should be held accountable for their actions.
Some common examples of medical negligence include:
- Misdiagnosing a patient’s symptoms
- Misreading a patient’s chart or vital signs
- Overlooking symptoms that may be crucial to a diagnosis
- Failing to give a patient proper discharge instructions
- Improperly sterilizing medical equipment
- Lack of understanding of the proper use of medical equipment or devices
- Missing doses of a patient’s medication
This is just a small sample of some types of behavior that may be considered medical negligence. There are likely hundreds more examples that could be added to this list.
Medical Negligence Vs. Medical Malpractice
Medical negligence and medical malpractice are closely related terms that are often used interchangeably. In many situations, medical negligence refers to the provider’s careless conduct, while a medical malpractice claim is the legal action brought to recover compensation for the harm caused by that negligence.
Medical Malpractice Examples
Medical malpractice can take many forms, but it generally involves conduct that falls below the accepted standard of medical care and causes harm to a patient.
Examples include:
- Operating on the wrong body part
- Prescribing medications with obvious dangerous interactions
- Providing treatment without obtaining consent
- Ignoring obvious symptoms or test results
- Not listening to patient complaints
- Performing unnecessary medical procedures
Doctors who commit malpractice could have their medical licenses revoked. Some doctors have even been caught committing malpractice more than once, and they pose a danger to their patients.
Damages Available in Cases Involving Medical Negligence
If you have been injured by medical negligence, you may be able to recover several types of damages.
Economic damages provide you with compensation for your financial losses, such as:
- Additional medical bills
- Lost wages and benefits
- Out-of-pocket expenses
- Future reduced earning capacity
- Medical equipment or devices
Non-economic damages, on the other hand, provide you with compensation for your physical and emotional pain and trauma. In cases involving medical negligence, these damages can be substantial.
Some common examples are:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Depression
- Anxiety
- Loss of enjoyment of life
- Permanent disability
- Diminished quality of life
Depending on the nature of the doctor’s conduct, you might even be entitled to recover punitive damages. Punitive damages are only available in cases involving the most egregious conduct. These damages are not available in most cases, and they are intended to punish the defendant for their conduct.
Contact the Atlanta Medical Malpractice Attorneys at The Moses Firm: Medical Malpractice Lawyers for Help Today
Proving a medical negligence claim and getting compensation is not easy. You will likely need help from a personal injury lawyer who has experience handling these difficult and complex claims. The team at The Moses Firm: Medical Malpractice Lawyers is dedicated to helping victims of medical negligence and malpractice get the compensation they deserve.
Contact us today at (404) 721-1050 for a free consultation with an Atlanta medical malpractice lawyer who is ready to help you.