Medical Negligence and the legal compensation

From Advocatespedia

1.INTRODUCTION

When medical personnel or a medical institution does not uphold to the standards of the medical care that is necessary when supervising, diagnosing or treating a patient. The incorrect, careless, or negligent treatment of a patient by a medical professional is known as medical negligence. This may involve careless behaviour on the part of a nurse, doctor, surgeon, pharmacist, dentist, or other medical personnel. The majority of medical malpractices claims where the victim alleges injury from medical treatment are based on medical negligence. Medical Negligence could be of various types- incorrect medication administration, doing an unsuitable or incorrect kind of surgery, providing with bad medical advice or leaving behind foreign items inside of patient. According to medical negligence law, if a surgical error results in an injury or death and negligence or inattention was the cause of the mistake, the sufferer may file a surgery complications case and be entitled to damages if the error could have been prevented.

2.Legal Elements of Medical Negligence

Responsibility

The doctor has an obligation to offer the most rational treatment plan as soon as the patient and doctor develop a private relationship. This is the duty component. In cases of medical negligence, physicians frequently reject newer therapy options or ignore more efficacious healing strategies.

Violation

Upon completion of medical school, all doctors swear to uphold the Hippocratic Oath. According to the Hippocratic Oath, physicians will try their utmost to treat patients as well as possible. A doctor violates their contract when they don't complete their part. This is the breach's medical negligence component. A doctor must neglect their responsibilities in order to violate the terms of their contract.

Injury

The third component required for a medical malpractice case to be successful in court is injury. This is commonly referred to as "causation" in the legal domain. The actual harm that a doctor causes a patient is referred to as injury, or causation. Two requirements must be met for an injury to be considered medical malpractice: actual cause and proximate cause. Stated otherwise, the injury must arise directly from a doctor's breach of contract, which indicates that the practitioner failed to fulfil their obligation to treat patients.

Damages

Damages are financial recompense for the harm a doctor's carelessness has caused. A medical malpractice claim must be able to be resolved financially in order for the harm or injury sustained to be upheld in court. For instance, a person who misses work may be awarded financial damages in court for the time they missed. A malpractice case requires each of the four components of medical negligence in order to be successful in court.[1]

3.Factors Influencing Compensation

The compensation you can receive for medical negligence varies depending on several factors. The severity of your injury is one of the most significant factors that influence the compensation you may receive. In general, the more severe your injury, the higher your compensation is likely to be. For example, if you suffered a permanent disability due to medical negligence, you could receive a higher compensation than if you had a temporary injury. The cost of medical treatment you’ve received or will require in the future is also considered when determining compensation. This will be factored into your compensation amount if you’ve incurred significant medical expenses due to medical negligence. If you’ve been incapable of working due to medical negligence, you may be entitled to compensation for lost earnings. This can include both past and future lost earnings. Other financial losses, such as travel expenses or the cost of hiring a caregiver, may also be considered when determining compensation. The emotional impact of medical negligence can also be factored into compensation. You may be entitled to compensation if you’ve experienced significant emotional distress due to medical negligence.[2]

4.Preventing Medical Negligence =
  • Maintain Good Communication Skills Since more than half of doctors’ lawsuits are because of communication failures, doctors must communicate with patients. This means that they must listen closely to the patient’s description of their problems and patiently answer all questions regarding their condition. In addition, they should speak slowly and clearly, using layman terms during conversations with the patient.
  • Check Your EHR Frequently for Possible Errors Once a doctor has made a diagnosis and prescribed medication, they may feel confident in their care for the patient. However, that does not mean that the work is done. Doctors must check their Electronic Health Records to ensure they have not missed anything and guard against any potential errors. The EHR should be checked periodically throughout the day and night to maintain an extra level of vigilance when it comes to patient care.
  • Maintain Patient Confidentiality at All Times Although many people think of medical records as public documents, this is not the case. A patient’s medical information should always be considered private and confidential. Even though a patient might sign a release allowing their doctor to discuss their condition with other healthcare providers, this does not mean they waived their confidentiality clause. Healthcare professionals must keep their patients’ records confidential. If a doctor discloses accurate and personal information to someone unauthorized to receive it; then, they may find themselves in legal trouble due to breaking privacy laws.
  • Assist Your Patients with Identifying Fraud Healthcare providers must educate their patients about fraud and abuse. By helping the patient identify scams, they will avoid these types of situations, which could lead them to financial ruin, especially if a lot of money was spent on items like medical equipment, which wouldn’t have been necessary. For instance, if your patient’s brain is injured due to medical malpractice, then assist your patient with legal advice. Assisting them ensures that they are not taken advantage of by scammers and ask them to hire a brain injury attorney to protect their rights. But make sure you also hire legal representation. That way, you can also protect your practice.
  • Exercise Caution When Prescribing Painkillers and Other Addictive Substances Painkillers and other drugs are commonly abused and can lead to addiction, leading to legal trouble for both the doctor and the patient later on down the line. Because of this, doctors should exercise extreme caution when prescribing these types of medications. They might end up facing malpractice lawsuits if they prescribe these drugs inappropriately. In some cases, medical professionals over prescribe patients who are not taking them as directed.

    5.Comparative Analysis of Medical Negligence Laws =

    1.Legal Definition and Standards: ===
    • United States: In the US, medical negligence is determined based on the standard of care that a reasonably competent healthcare professional would provide under similar circumstances. This standard varies based on the locality and the specific medical field.
    • United Kingdom: In the UK, medical negligence is assessed under the Bolam test, which asks whether the healthcare professional acted in accordance with a responsible body of medical opinion within their specialty.

    2.Elements of Negligence:

    • US: To prove medical negligence, the plaintiff must establish four elements: duty , breach , causation , and damages .
    • UK: In the UK, negligence is proved by showing that the healthcare professional acted in a way that a responsible body of medical opinion would not support, and this breach of duty caused harm to the patient.

    3.Statutory Limitations and Procedures:

    • US: Statutes of limitations vary by state, typically requiring that a medical malpractice claim be filed within a certain number of years from the date of the injury or from when it reasonably should have been discovered. Procedures involve filing a lawsuit, which can result in compensation for damages such as medical expenses, lost wages, and pain and suffering.
    • UK: Claims must generally be brought within three years of the date of the negligence or when the patient became aware that there was a potential claim. The National Health Service handles claim through a formal complaints procedure and can compensate patients for harm suffered due to medical negligence.[3]

    6. REFRENCES

    1. ↑ http://Medical Negligence: The 4 Elements & What They Mean for a Court Case (cooperandfriedman.com) cooperandfriedman
    2. ↑ http://How Much Can You Get for Medical Negligence -How to Claim Compensation In The UK? - Understanding Medical Negligence Law in the UK: Your Guide to Seeking Justice lawinuk
    3. ↑ http://Comparative Analysis: Clinical Negligence Laws Worldwide - National Claims (national-claims.co.uk) nationalclaimscouk

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