How Do I Report Medical Negligence?

Medical negligence can happen as a result of surgical mistakes, misdiagnosis, or incorrect treatment. Possible consequences of negligence can include worsening of the original condition, failure to treat the original condition, and even development of a separate condition.

Medical errors are the third-leading cause of death in the United States after heart disease and cancer. Medical negligence is when a patient receives substandard care that's been provided by a medical professional which has directly caused the injury, caused an existing condition to get worse, or even death. Medical negligence can happen as a result of surgical mistakes, misdiagnosis, or incorrect treatment. Possible consequences of negligence can include worsening of the original condition, failure to treat the original condition, and even development of a separate condition.

Medical malpractice lawsuits are a relatively common occurrence in the United States. Money damages, if awarded, typically take into account both actual economic loss and loss such as pain and suffering. If you think that you have a case of medical negligence, you must be able to prove that the physician acted negligently in rendering care and that such negligence resulted in injury.

A few of the most common types of medical errors include:

Medication error

Hospital-acquired infections

Errors relating to anesthesia

Missed or delayed diagnosis

Avoidable delay in treatment

Inadequate follow up after treatment

Failure to act on test results

Failure to take proper precautions

Technical medical errors

There are Four Elements That Make Up A Medical Negligence Claim

1. Duty of care owed to the patient 

A duty of care usually involves care not to bring harm to others through your actions or inactions.  The first step in a medical negligence lawsuit is for the plaintiff to prove that the doctor or healthcare professional owed you a duty of care.

2. Breach of such duty

Once a plaintiff has established that a duty of care was owed to them by the defendant, they will need to show that the defendant breached that duty of care. Decisions on whether a breach of care has occurred will center around what is considered reasonable. This means that a person is not necessarily expected to prevent everyone from all harm, but that a person must act, under the circumstances, as a reasonable person would.

3. Injury caused by the breach

The third element that a plaintiff must prove in a negligence claim is causation. This means that a plaintiff must show that the damage or injury suffered came about as a result of the breach of duty of care.

4. Resulting damages

If a plaintiff successfully proves duty of care, breach, and causation, they will be eligible to receive compensation for their injury or the harm that has been caused. This final element of a negligence claim is called damages. Damages are awarded for both economic and non-economic loss.

Medical malpractice cases can be timely and costly which is why most such cases are settled out of court. Medical malpractice insurance companies reject a significantly large portion of medical malpractice claims, so with this in mind, an out-of-court settlement may be your best option or you may risk having no case at all. However, if you believe you have a strong case and decide to take it to court and you win, then you probably will receive a larger settlement in court.