If you find yourself as the victim of a botched operation, misdiagnosis or any other form of medical wrongdoing, you may be wondering what can be done about it. This area of the medical world can be confusing to say the least. Things will naturally go wrong in medical settings, but that doesn’t mean they can’t be prevented. And where does this leave you as a patient?
What Is Medical Negligence?
Medical negligence occurs when the expected level of care for a patient drops below what is expected, causing harm or injury as a result. One medical negligence case can look very different to the next, and consequences can range from a misdiagnosis to death.
Deciding whether medical negligence has occurred can be tricky, and is often left to a court of law. Different countries may also have different definitions on what constitutes medical negligence, but most legal professionals would agree that medical or clinical negligence must involve some form of sub-standard care.
When Does Medical Negligence Become A Crime?
Just because a health professional has committed a mistake doesn’t necessarily mean they have committed a crime. Often, negligence is the result of poor preparation or a lapse in concentration which often isn’t enough to bring criminal charges against the individual.
However, when negligence results in more serious consequences such as life-changing physical injuries or even death, this is when we may use the term gross medical negligence or gross negligence manslaughter.
In these cases, negligence has usually gone above and beyond a simple error or accident. In gross medical negligence cases, an individual will usually be accused of consciously disregarding the expected standard of care.
For example, a doctor prescribing the wrong medication leading to the death of a patient could be considered gross medical negligence or gross negligence manslaughter.
Obviously, there are levels above this too. In extreme cases where doctors, surgeons or other health professionals have intended to cause harm to their patients, individuals have been charged with crimes such as assault, wounding with intent and even murder.
How To Determine If Medical Negligence Has Occurred
In the US, there are four elements of medical negligence. If a medical negligence case arises, a judge or jury will need to see evidence of the following factors.
Duty of Care
It must be proved that the healthcare provider owed a professional duty of care to the patient. This is usually the easiest part of the process as qualified health professionals will have signed contracts outlining their duty of care in the workplace.
Breach of Duty
This is where the whole process gets a little more subjective. Once it has been found that the healthcare provider had a duty of care, it must be proved that they breached this duty. Ultimately, it must be shown that the person administering the care did not meet the standards expected of them.
In the UK, the Bolam test is used to determine whether or not other professionals would have acted in the same manner as the person accused.
Causation
If the healthcare provider has breached their duty of care, it must have directly caused some form of injury or pain to the patient. The mistake or negligence from the provider must link to the injury or condition for medical negligence to be considered.
Damages
Finally, has the actions of the healthcare provider caused damage? This doesn’t have to be physical although it can include physical suffering. Other forms of damages include mental trauma and a loss of earnings.
Final Thoughts
Knowing whether you are the victim of an accident that can’t be helped or something more severe such as medical negligence can be tricky. Often, patients don’t want to accuse doctors and surgeons of unlawful activity, but health professionals do have a duty of care for each of their patients. If you’re unsure where to turn after an unfortunate medical incident, it’s best to reach out to an experienced law firm that specialises in this area, such as Bond Turner. They will be able to translate complex legal jargon into understandable terminology and outline the best way for you to move forward.
