Doctors are highly trained and tend to be thorough. Nonetheless, doctors are only human and they do make mistakes – sometimes serious ones.
A mistake is not necessarily medical malpractice. For medical malpractice to occur, the doctor needs to have been negligent. What exactly does this mean?
Did the doctor owe a duty of care?
Doctors owe patients a legal duty of care. This means that they must treat patients to the best of their abilities. The legal duty of care is owed as soon as the doctor consults with the patient.
Was the duty of care breached?
If a doctor tries their best but fails to improve the condition of the patient, this is not medical malpractice. For medical malpractice to occur, the doctor must have acted in a way that no other reasonable doctor would have. This can also include failing to act.
Were the injuries the direct cause of the act or omission?
There cannot be medical malpractice without tangible injuries. These injuries can be physical or psychological. The injuries must not be incidental. They have to be directly caused by the doctor’s actions or failure to act.
Why pursue a medical malpractice claim?
Pursuing a medical malpractice claim can help in several ways. Firstly, it can help hold medical professionals to account. Compensation can also cover your medical costs and other expenses related to your injuries.
As a patient, you are owed a duty of care by your doctor, and if that is breached, financial compensation is an option. For more information on medical malpractice, it’s wise to seek legal guidance.
