The majority of people in the United States who seek medical treatment will receive good or excellent care. However, occasionally someone will experience harm at the hands of a health care professional. Health care professionals have a responsibility to their patients to follow a standard of care. When these standards are not met, it may be appropriate to bring a legal case to court to recover financial compensation.
Medical negligence is defined as an act or a failure to act by a medical professional that deviates from the accepted medical standard of care. Negligence itself is not illegal, but when the act of negligence is the cause for the patient’s injury, there may be a case for medical malpractice.
The term “medical negligence” is often used synonymously with the term “medical malpractice.” Interchanging these two terms is not necessarily incorrect. However, the term medical negligence is more appropriately placed under the umbrella of the term medical malpractice, as the negligent act is often just one component of a medical malpractice case.
When Does Medical Negligence Qualify for a Medical Malpractice Case?
Negligent acts do not always cause injury. A patient must have experienced an injury for their health care provider’s negligence to qualify for a medical malpractice case. Examples of injury in a medical malpractice case are if the patient’s condition gets worse, the patient experiences unreasonable or unexpected complications, or the patient now requires additional medical treatment.
Doctors and other medical professionals have a duty to their patients to provide treatment that follows the “medical standard of care.” Medical standard of care is defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical field, would have provided under the same circumstances. Medical negligence occurs when a health care professional performs in a way that deviates from the accepted medical standard of care.
What to Do If You Are the Victim of Medical Negligence?
If you or someone you love has experienced an injury due to the medical negligence of a health care professional, an Omaha medical malpractice lawyer can help. Holding a health care professional responsible for their actions can allow you to recover medical expenses that resulted from your injury and potentially spare another patient from experiencing the same injury in the future.
Welsh & Welsh believes that every patient in the state of Nebraska deserves to receive excellent medical care. Contact our legal team today for a free, no-obligation consultation of your case.
Top 10 Causes of Distracted Driving