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 injury or harm to a patient.
When you put these terms together, “medical negligence” is the act or omission by a health care professional that deviates from the accepted medical standard of care, resulting in damages.
The injured patient must prove medical negligence by showing that the negligence caused the damage. This is the basis of a medical negligence claim.
Examples of malpractice in medicine include:
- 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 recognise symptoms
Even though the above are forms of medical misconduct, negligence on its own does not automatically qualify for a medical negligence claim.
Negligence must constitute a breach of duty that directly harms a patient.
If a patient cannot prove that an act or omission caused damage, medical negligence cannot be proven, and the patient would not qualify to recover compensation, and the court would not award a settlement.
Over the last decade, the size and frequency of compensation awards in personal injury claims related to negligence and medical malpractice claims increased dramatically, making professional indemnity & malpractice a crucially important product for health care providers.
Understanding what medical negligence is is important for any healthcare professional looking to manage legal risks and avoid preventable liability.
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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