Have you or someone you know suffered an injury related to medical negligence? If so, you’re not alone.
The 2020 U.S. Institute of Medicine estimated that over one million injuries probably occur every year. Medical errors may have caused between 44,000 and 98,000 deaths.
Do you know what to do if you’ve received an injury related to medical negligence? Keep reading to learn more and what actions to take.
Definition of Medical Negligence
First, it’s key to understand the legal definition of medical negligence. All medical negligence is not equal to medical malpractice.
Negligence means that the “standard of care” wasn’t met. This describes care given by other reasonable physicians with similar experience and training. The provider unknowingly causes harm by not taking action or lack of knowledge.
When building a medical negligence case, you must establish four principles. They include:
- Duty: there was an established duty to care for the patient
- Dereliction: there was a breach of duty to provide care
- Direct cause: this breach caused an injury
- Damages: the patient suffered economic and noneconomic consequences from the harm
When claiming medical negligence, you must show evidence that all four principles apply. It’s prudent to speak with an attorney first to ensure that you get full compensation.
What’s Considered Personal Injury?
You must meet the legal standard for personal injury. This means showing that you suffered harm to your mind, body, or emotional status. You have to prove direct links to provider carelessness, wrongful conduct, or negligence.
How Can Medical Records Play a Role in Medical Negligence?
One common reason for medical errors relates to incorrect recordkeeping. For example, providers must consider the patient’s allergies when ordering medications.
They also evaluate other patient medicines that could cause undesired interactions. Incorrect or incomplete medical records can cause mistakes.
Missing test results or transcription errors can also lead to incorrect diagnoses. This impacts treatment plans and might cause harm to the patient.
Medical Negligence Victims’ Common Mistakes
Our legal system is complicated, and most people don’t know how to navigate it. So what’s the best approach to making sure you learn about the mistakes to avoid.
Begin by hiring a lawyer. This gives you an expert advocate to help you through the process. Do not speak to any insurance company personnel without the lawyer’s direction.
Make sure you keep attending all medical treatment appointments. This promotes your recovery.
Never agree to a settlement without negotiating. If you do this, you can’t file any claims or lawsuits in the future. Thus, you may not receive all the compensation you’re entitled to.
Don’t assume that you can’t afford a lawyer. Many attorneys work on contingency. This means that you pay nothing upfront and the lawyer only collects a fee if you win.
Make a list of questions and don’t be shy about sharing this list with the attorney. This ensures that you understand what is happening with your case.
Don’t wait to hire a lawyer because there may be a time limit for filing a case. Contact them as soon as you can to get the claim process started.
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