Medical Malpractice: What to Do When Negligence Happens to You or Your Loved One

It is not something you would really like to think about if you or a loved one is facing undergoing even a routine surgical procedure, but the facts speak for themselves and confirm that there is a risk attached to going under the knife or having treatment.

The issue of medical negligence is something that needs to be discussed as it is generally considered to be a leading cause of death and injury.

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What is medical malpractice?

There are numerous different scenarios where someone could potentially be considered as being the victim of medical negligence.

In simplistic terms, a malpractice claim is deemed to exist if a healthcare provider or professional causes injury or damage in some way to a patient through negligence. Suffering from a poor outcome to a surgical procedure or treatment is not always considered to be definitive proof of negligence, but it is sufficient grounds to consider seeking specialist legal advice on making a claim against the provider.

Make your feelings known

An important point to bear in mind for the sake of your own health and peace of mind as well as in terms of making a subsequent claim, is to raise concerns yourself and make a complaint about the treatment you have received.

You should initially direct your concerns to the doctor, consultant or medical team who have been providing your treatment and ask then for a detailed explanation as to how they view the situation and whether they consider anything is wrong.

Receiving an apology

You may find that after an investigation, you even be offered an apology if the healthcare provider feels that a mistake has been made.

It is not uncommon for a medical provider to offer a reasonable quick and honest apology for their error although the motivating factor for taking this action, can sometimes be with a view to preventing a future claim and limiting the amount of financial settlement they might have to make.

Defining poor medical treatment

If you are using the correct legal terminology for poor medical treatment, you would be calling it clinical negligence, but how do you define exactly whether your treatment was simply substandard or actually negligent?

Whilst each case will be judged on its own merits, there are some guidelines that can give you some idea as to what may be considered as negligence.

You may have a case if you experience unnecessary pain and suffering or are left with injuries that directly affect your ongoing quality of life. You may also be the victim of negligence if you experience subsequent psychological conditions such as anxiety and depression as a result of your treatment or procedure not being executed correctly.

There are other clues that point to potential evidence of negligence such as having to endure extra surgical procedures to put things right or having to suffer an extension of your original treatment beyond what you were originally promised.

If you feel that you or a loved one has been the victim of medical malpractice, you should seek advice and consider making a claim for compensation.

Logan Hargreaves has a background in law. Now retired he enjoys spending his time gardening and writing. He is delighted to have had his articles published online on a variety of sites.