Accidents happen. If, however, accidents are actually scenarios to cover up something secret, then that is reason to be suspicious. Cases of medical negligence are not just accidents; they are inexcusable accidents caused by medical professionals who should have known better. If you suspect that medical negligence has affect you or a loved one in any way, then you will need to contact the respective authorities. But how can one determine if a medical negligence case exists?There are four elements in regards to determining medical negligence: a duty was owed; the duty was not followed through, thus leading to a violation of standard care; compensable injury occurred due to the said breach; and damage resulted from the injury. These may seem familiar as they are the same four elements used in determining medical malpractice. The difference between medical malpractice and medical negligence lies in the intent, and is described in more detail in the following section. If you suspect medical negligence a factor that harmed you or your loved one, do not hesitate to act.About Medical NegligenceNegligence is the event in which an individual does not do something in a situation in which a helpful action is needed. In the daily life of a civilian, an example of negligence exists in the form of an accident, If the individual who caused the accident drives away upon the event happening, they are being negligent of their civilian responsibilities. If an individual witnesses harm being done to another individual and does nothing, they are being negligent. In the simplest terms, negligence is when a person does not do what is considered responsible in the event in which they are needed.Medical negligence, however, is slightly different, due to the fact that these situations involve medical professionals, who have been trained in their field. Medical negligence is the event in which a medical professional fails to take an action that otherwise would have prevented harm upon their patient. Some examples of medical negligence are ignoring the individual, avoiding answering questions of the patient or those of their family, operating on the wrong limb, or even not performing enough tests to determine a correct diagnosis.Medical negligence most often gets confused with medical malpractice. The two are very much related, but they are not the same entity. Both consist of the same four elements of the duty, the breach, the damage, and the injury, but the difference between the two is an unfortunate accident that could have been prevented, and information that was kept from the patient who needs to know their condition. Medical malpractice is also the event in which the patient experiences unnecessary procedures or trauma. While medical negligence is negligence in the medical field by a professional who should have known better, medical malpractice is a foolish action that could have been corrected with knowledge of their actions and their field.1.) A Duty was Owed to the PatientWhen an individual goes to any service establishment, the idea is that in exchange for the individual's money will be the service. That service in return is usually held to a standard. Some examples include customer service or a dining experience; customers want to feel welcomed, and in a dining experience, they expect their food to be delivered in a healthy state based on the standard of healthy eating without risk of resulting sickness. In medical negligence, the duty of health care is owed to the patient. Our county demands health care with quality, and for good reason. Everyone wants to be healthy; everyone wants and needs the same level of care. If this standard level of care does not meet the requirements of the medical field based on the law, then the patient may be a victim of medical negligence.The example begins when an individual goes to the hospital to get treated; they have been having awful symptoms of an unknown state. If the doctor does not provide thorough treatment and not enough tests to determine that cause, the patient is a victim of the first element of medical negligence, especially if they are misdiagnosed due to inaccurate testing. This duty has now been breached, leading to the next element.2.) The Duty was BreachedContinuing with the aforementioned situation, the standard quality of health care was expected, which by itself is answered with the duty of the medical professional to provide this standard quality. If this professional based his patient's diagnosis on a single test, which is the second element of medical negligence, then it is the breach of duty. The duty itself must be breached or not followed to the correct standard to create the event of medical negligence. This is thus the violation of standard care that the patient deserves. Now that the duty was breached, the next step in medical negligence is the injury that occurs from this situation.3.) Compensable Injury OccurredContinuing with this same scenario, there was an individual who suffered symptoms of unknown origin. They go to the doctor to discover what is wrong because they expect the standard quality of medical care. The doctor only provides a single test and makes a diagnosis based on this limited information. This is thus the second factor of medical negligence, the breach of duty. The third element is the injury occurring due to the breach of duty. In this explored example, the injury would start with the misdiagnosis. Because of the misdiagnosis, the doctor may prescribe medication of a certain amount, This medication, which the individual does not need due to being wrongly diagnosed, does not do anything to alleviate the original situation, thus has no effect. The injury that occurs is thus the true problem which is growing worse and has still not yet been diagnosed.4.) The Injury and the DamageNow, this individual has been wrongly diagnosed and was thus given the wrong medication. This medication does nothing to solve the problem that is actually happening, and making the original problem worse by non-action. Meanwhile, the individual is under the impression that they are being treated. Now occurs the fourth element of medical negligence: the damage. Within this example will be a worst case scenario. The individual now goes back to the doctor with the same problem as before, and with more tests, the real diagnosis is untreated cancer that could have been prevented had their existed more tests and more results. Because the doctor did not utilize the proper procedure of care, their patient now deals with the emotional and financial damage of a cancer diagnosis, as well as the higher risk of loss of life. This could have been prevented sooner, but medical negligence occurred, and the paperwork would exist to prove it.While negligence is a word that is thrown around to connote laziness, it is actually a situation that endangers everyone around the individual who is being negligent. In medical negligence, that endangering involves the health care of the individuals around the medical professionals. Medical professionals are trained to save lives because it is their livelihood. If they do not take the proper steps needed to save lives, then you, your loved one, or anyone under their care could be harmed. Sometimes, that harm is permanent. If you have the suspicion that you or your loved one has been negatively affected or otherwise harmed due to medical malpractice, the first step is to contact a personal injury attorney. They will be able to help you through the legalities as well as help you determine the four elements of medical negligence: the duty, the breach, the injury, and the damage. Proving your suspicion correct and unmasking medical negligence may save your life or the life of your loved one.
