Medical Negligence and When it Occurs

by: stickystebee
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Medical negligence occurs when a health care provider does not follow the accepted medical practices that result in either injury or death to their patient. Often times, the negligence is not intentional. Sometimes, patients are not even aware that a mistake has been made. However, when they are they may decide to make a claim of medical negligence against the health care provider.

The medical negligence standards and laws vary depending upon location. While the idea of these cases seems rather simple especially if negligence did occur, they are anything but. These cases often can be difficult to win. The plaintiff, in this case the patient or a legal party acting on behalf of the patient, must build a case that can prove four essential components of medical negligence. First, they must prove that a duty was owed, meaning that the health care provider had legally agreed to provide care for the plaintiff. Secondly, the plaintiff must prove that this duty was violated. The health care provider failed to follow the standard protocol of care. Third, the plaintiff must prove that an injury was caused from this failure to follow protocol. Lastly, the plaintiff must show that damages occurred as a result of this. Damages may either be financial or emotional. Financial damages might include lost wages, further medical expenses and life care expenses. Not only can current losses be claimed but also future losses. Other damages that are not financial may include emotional anguish, decreased enjoyment of life as a result of the medical negligence or pain. All four of these components must be established. Without even just one, medical negligence cannot be proven. But as with all law suits, the burden of proof rests primarily on the shoulders of the plaintiff.

These claims must occur within a specified time frame, known as the statute of limitations. This time frame varies significantly from place to place. It is wise to check your local statues governing these types of legal claims. Sometimes certain rules apply especially if the patient doesn't have knowledge that an error occurred until much later in time.

Article Source: http://www.ArticleStreet.com/profile/stickystebee-6105.html

About the Author

Hollie Wilcox is writing on behalf of www.patientlawyers.com providing you with the latest information regarding medical negligence .

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