Proving Medical Negligence

Proving Medical Negligence

In earlier days, medical malpractice cases were not that popular since there was not enough knowledge about this. Lawyers avoided taking up such cases because proving negligence is a very difficult process. Nowadays, it has gained lot of popularity. A recent report suggested that in the US nearly 855 deaths occur due to medical malpractice. In spite of this fact, it is actually very difficult to prove medical negligence.

In majority of cases, medical negligence occurs due to wrong diagnosis or mistakes in diagnosing. Other reasons could be incorrect use of medical devices, misinterpretation of medical reports, incorrect surgery carried out at wrong places of the body, operation pains and troubles, prescribing incorrect medicines, inadequate knowledge about a particular drug, errors occurring during blood transfusion, failure in correctly treating a patient after correct diagnosis, error in administration of anesthesia, wrong procedures while carrying out a treatment, and not monitoring the patient during treatment.

In order to initiate a medical malpractice lawsuit, one has to first establish three factors, namely liability, damage and link. Liability implies a degree of responsibility of a medical care provider towards the patient. Each healthcare provider must follow the guidelines as prescribed by the medical board. Anomalies or negligence in such procedures are liable to be charged against medical malpractice. Damage refers to injury caused due to medical negligence. It could be sometimes minor or major such as death. The last thing is to prove that there was an association between the health care provider and the patient. Once all these factors are proved, the case can be further initiated.

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