About Medical Negligence
Medical negligence is more common than most of us would like to think, or admit. While it can be the result of carelessness in extreme cases, it is more than likely simple human error. We tend to forget that doctors are merely human, and may be resonsible for many different tasks at once. This does not give them the right to provide half hearted care to you or your loved one, but does however leave room for mistakes to occur.
If you find yourself on the receiving end of what you deem to be hospital negligence, before filing suit, you must take into consideration these four concerns. First, ask yourself what was the legal duty owed to you or your loved one that failed to be carried out? Proof must be given that this service or care was in fact legally owed to you according to the agreement you have made with the care provider. Second, ask yourself, was this duty breached? And if so, how? You need to be clear and concise on the exact terms of how you feel you were mistreated or abused and the standard of care ignored during this instance, in order to move forward in your case. This needs to be supported by expert testimony in the area of the breach, or by obvious error on the care takers part. Thirdly, you must ask yourself what injury was caused by this error, and can you in fact show evidence that the error is unmistakably the reason for the injury sustained? This is known as proximate cause, and is imperative to support your claim. And lastly, you must ask yourself what were the damages assessed due to the incident? Here is where it gets a little tricky because whether the care provider was negligent or not, damages must have occurred in order to prove that your claim is in fact valid. Keep in mind that the damages can be physical as well as emotional. After going over thoroughly these four aspects of what you feel is a possible medical malpractice incurred by you. If you have still come to the conclusion that you were in fact treated unjustly and may be entitled to compensation for such occurrence, this then is where you should begin the process of seeking legal action in your case, and solicit the help of an attorney capable of handling your specific needs.
Article Source: HealthSnare.com
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Date: Thu, 18 Dec 2008 Time: 10:57 PM
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