What is Medical Malpractice?

Medical malpractice occurs when a medical or health care professional through negligent conduct deviates from standards in their profession causing injury to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management.

What is Medical Negligence?

Negligence arises when there is a failure to take proper care or breach of a duty of care which results in damages.

Medical negligence is present when, one or both, of the below two requirements are not met:

• A patient approaches a doctor expecting that the doctor will provide medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem; and that the doctor will not do anything to harm the patient in any manner either because of their negligence, carelessness or reckless attitude of their staff.

• Doctors have a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management.

Generally, a medical malpractice claim must be made within 3 (three) years from the date on which the alleged malpractice occurred.

Medical negligence will not be established and as a consequence, a medical practitioner cannot be held responsible:

• if there are unforeseen complications that arise from unavoidable treatment;

• if the medical practitioner performed the treatment to the best of his/her abilities and complications arose from an unknown source;

• a patient was not responsible in his/her own care as he/she was instructed.

What is a Medical Negligence Claim?

Where an individual as a patient suffers injury or damage/s as a result of a medical professional failing, refusing or neglecting to exercise reasonable skill and care when treating a patient. The failure to observe this standard will result in the professional being liable to their patient for damages.

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.

If you are successful in proving your case, you may receive compensation for, inter alia:

• Cost of care provided by a professional, friends or family

• Loss of past and future earnings

• Loss of life expectancy

• Pain, suffering and loss of enjoyment of life

• Past and future medical treatment and surgery expenses

What is a Personal Injury Claim?

A personal injury claim is a claim which arises when a person or breadwinner is injured via an accident caused by the negligence of another person and which injuries cause the person to suffer damages.

Examples of Medical Negligence

• Disregarding or not taking appropriate patient history

• Failure to diagnose or misdiagnosis

• Failure to order proper testing

• Failure to recognize symptoms

• Improper medication or dosage

• Misreading or ignoring laboratory results

• Surgical errors or wrong site surgery

• Poor follow-up or aftercare

• Premature discharge

• Unnecessary surgery

What To Do - Medical Negligence Claim?

Our medical malpractice lawyers have extensive experience in dealing with medical negligence claims for both doctors and patients. If you would like to find out more information, contact our offices.