Medical Negligence Case Study

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Part B What is Medical Negligence? A hospital, doctor, nurse or other health care professional is expected to provide a certain standard of care. A medical malpractice to be considered, a number of factors must be involved. 1.) Failure to provide a proper standard care – The law requires that health care professionals adhere to certain standards, or potentially face an accusation of negligence. 2.) An injury results from negligence – If a patient feels the provider was negligent, but no harm or injury occurs, there can be no claim. The patient must prove that negligence caused injury or harm, and that, without the negligence, it would not have happened. 3.) The injury must have damaging consequences – The patient must show that the injury or harm caused by the medical negligence resulted in …show more content…

“The Injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. This includes doing nothing when they should have done something. This may be considered an act of omission or a negligence.” Dissatisfaction with the outcome of treatment does not imply malpractice. It is only malpractice when there is negligence and injury and negligence causes the harm or injury. Therefor Medical negligence or medical malpractice defined as when a health care professional or provider neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes harm, injury, or death to a patient. Types of Error and Malpractice a) Misdiagnosis or failure to diagnose b) Unnecessary or incorrect surgery c) Premature

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