Medical negligence is not claimable until it is injurious for the patient
It is an effort to highlight the distinction between claimable and non-claimable medical negligence occurrences. In some casesthough malpractice occurs but compensation is not awarded until victim bears its brunt.
Despite all the reasonable expectations that are made of medical professionals, they are as much fallible to commit medical negligence as anybody else could be in his work. But the negligence does not always mean bad medical practices as many think it so. In most of the malpractice incidents, the doctors against which claims are filed are not guilty of having any malicious intentions, but have been slightly negligent in their duties. The claims against medical negligence often emerge in situations when a doctor shows obvious negligence in treating or prescribing medication to his patients while ignoring visible symptoms of problem. For instance, the doctors who negligently prescribe a wrong amount of insulin for a patient having diabetic problem, if established, could be sued for medical negligence.
Generally, the malpractice cases may fall into two main categories; the third category is also possible in some situations but it is very rare. The first category encompasses the acts of intentionally harming the patients i.e. out of some revenge or other reason the doctor decided to harm his patient. Upon discovery and corroboration of such malignant act with evidences, these doctors have to face criminal charges. However, this intentional malpractice is not that prevalent as medical negligence, the second main category of malpractices.The negligence cases are those wherein doctors behave carelessly in treating their patients which could have negative up shots on patients’ health. The occurrences of medical negligence, though not intentional, but are against the accepted standards of medical care, hence are reprehensible.
However, the sheer negligence on part of doctor in understanding his patient’s condition can not automatically put charge against him for this act. For establishing a claim against a medical professional on grounds of medical negligence, the claimant must be able to prove four requirements of litigation process such as, the duty of care, breach of duty, the causation and inflicted injuries and losses. All these four factors must be corroborated before the claimant take his case before the jury.It is better explained in view of these above mentioned factors that even a patient has signed waiver form; still he can take the liable doctor to court, on condition that he has collected all required evidences to verify doctor’s wrongdoing. Most of the times, the genuine medical negligence cases are resolved between parties out of court. Its reason is quite obvious – in the event of a valid negligence claim with solid grounds, the doctors and hospitals try to settle it before the matter reaches the court in order to avoid the defamation that a formal litigation would bring.
As it is generally believed, successfully proceeding with medical negligence claims is a bit tough even if the claimant has managed to fulfill all requirements of legal claims. Almost in all negligence cases, the defendant party presents another doctor of the same specialty as that of the liable doctor to justify the claimed negligence and incorrect medical technique used.
This justification and defense by experts actually weakens the medical negligence claim. It is due to this reason; many doctors who come to face negligence litigation easily get off scot free because the chances of claimant’s case winning become extremely slim.Thus, the main point to be remembered in this respect is, if you are sure that you have been a victim to some medical negligence, you are given some legal rights that you can exercise. Do not be worried about the waiver that you might have put your sign on before undertaking some medical procedure; no waiver could prevent you from seeking justice against the injuries caused by some medical malpractice.