There is a catch to all this though; courts will have to consider whether a competent doctor would have acted in a similar manner as the defendant doctor, meaning that in case the doctor’s actions may have triggered the plaintiff’s personal injury, his actions may not be deemed negligent if it can be shown that they were the ‘reasonable’ actions of a medical professional given the information the doctor had and the specific circumstances.
If you have suffered an injury as a direct result of medical mistreatment or lack of care that you have received, then a medical negligence claim may arise, such cases are also known as a ‘medical accident’, ‘adverse incident’, or ‘patient safety incident’.
While the better quality of care or safety measures could have prevented your injury, it may be that the incident itself was in fact completely unavoidable. Whenever we walk into a health facility we are often sure and place our trust in medical professionals to look after us, but sometimes accidents can happen which can result in a medical negligence claim.
Errors may occur such as an incorrect or late diagnosis during surgery or a child may suffer injury due to problems surrounding his/her birth.
Compared to all other genres of personal injury, medical negligence claims are perhaps the most complex of them all. The personal injuries sustained from medical negligence must result from the negligence of someone who had a duty of care towards you at the time of the accident.
The law has a provision for the opportunity for you to make a medical negligence claim if it can be shown ‘on the balance of probability’ that the treatment that you received was carried out in a negligent fashion by the healthcare professionals involved and that this directly caused or contributed to your injury.
It can be quite difficult to pinpoint medical negligence, but there are a number of circumstances where it can clearly be argued that medical professionals have breached their duty of care and these include; View more about accidents at work!