What is Medical Negligence?

Medical means science, the practice of medicine or medical examination to assess a person’s state of physical health or fitness.

Negligence means failure to take proper care or breach of a duty of care which results in damages

When you put these terms together medical negligence – it is the act or omission by a medical professional that deviates from the accepted medical standard of care resulting in damages.

The patient must prove that the negligence caused the damage.

Examples of medical negligence are:

  • Failure to diagnose or misdiagnosis
  • Misreading or ignoring laboratory results
  • Unnecessary surgery
  • Surgical errors or wrong site surgery
  • Improper medication or dosage
  • Poor follow-up or aftercare
  • Premature discharge
  • Disregarding or not taking appropriate patient history
  • Failure to order proper testing
  • Failure to recognize symptoms

Even though the above are forms of medical negligence, negligence on its own does not merit a medical malpractice claim. Negligence must the cause of damage.

The patient has to prove the damage suffered is connected to the act or omission.

If a patient cannot prove that act or omission resulted in damage, then medical negligence cannot be proved and the patient would not be entitled to compensation.

Over the last decade, the size and frequency of compensation awards in medical negligence cases have increased dramatically, making professional indemnity & malpractice a crucially important product for healthcare professionals.

Contact Shackleton Risk for a niche product that indemnifies you against your legal liabilities for damages for any bodily injury, mental injury, mental anguish or shock, illness, disease or death of any patient caused by your alleged negligence, including legal costs and expenses.

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