All injuries cannot be ascribed to practitioner’s medical negligence
More or less all medical procedures carry a little bit complications which do not qualify for medical negligence compensations. This article tries to communicate the same notion and describes how to tell the preventable injuries from non-preventable injuries of the patients.
The medical negligence scope is varyingly reported in different survey statistics. According to some reports the medical malpractice cases are in millions per year, while others state this number is just in hundred. However, it is a known fact that medical negligence or mistakes are third main cause of untimely death in the whole world. Here the term medical mistake refers to all kinds of situations wherein medical or paramedical staff deviates from standards of cure and care that results in some injury or other damages. These are the standards of care which help to identify the occurrence of medical negligence these standards define the reasonable levels and quality of care that all medical professionals are bound to offer to patients. Such standards are usually stipulated by experts of the field, who either teaches or practice in same medical specialty. However, there also have been seen disputes about applicable standards.
Just because the patient could not get required results out of a surgery, medication or some other medical procedure, it does not mean there was some medical negligence. Every medical treatment is an effort to cure the patient; it is not by any means the guarantee of full recovery or health. There are some limitations and side effects incidental to all kinds of medical procedures which cannot be termed as medical negligence. So, many a times when patients face some unsuccessful or adverse upshots after medical treatment, it is not always owing to some mistake made by medical professionals. It is possible to have poor medical treatment results despite having standard and impeccable medical care.
Thus prior to making a formal medical negligence claim, it is highly important for a claimant to discuss why he feels that he has received some substandard medical treatment. Everyone knows that cancer, organ failure, heart attacks and many other diseases may lead to patient’s death even after having good treatment and medical care. But when we see somebody dying from hernia operation, appendix treatment, knee operation or in similar cases, it is within the realm of possibility to be sure about medical negligence happening. It is worth investigating the cause of such unexpected deaths as it is beyond general understanding how death could occur if a standard treatment could have provided in such minor medical conditions.
What if it became evident that there had been some mistake on part of doctors or somebody else involved in patient’s care and treatment? It certainly calls for an immediate action against the guilty ones to condemn for this medical negligence. However, the plaintiff must not only provide a bulk of proofs to show that he has been negligently treated but he must be in a position to prove that his incurred injuries or losses are nothing but due to this negligence – it is known as proximate cause. If the proximate cause of victim’s injuries is verified as a negligence as per stipulated medical standards, it is worth the legal costs incurred on medical negligence litigation.
Among other vital considerations while determining a malpractice case is the medical history and behavior of the victim. If victim is found to be contributing to or aggravating his injuries or poor medical results, the defendant party could refute the claim by putting all blame of the claimed injuries on the victim. Similarly it is observed if the patient followed doctor’s instructions, kept his doctor’s appointments, or took medication as instructed etc.? These are some facts which could help to determine the weaknesses of medical negligence claims. Only with a genuine claim bolstered by solid medical proofs, you can expect to win the case. medical negligence