In 2005, about 20 million Americans had surgical procedures performed which required anesthesia, according to the Center for Health Policy at Stanford University. In addition, according to the Centers for Disease Control and Prevention, there were 1.1 billion medical visits to physician offices and hospital outpatient and emergency rooms in 2006. With those high numbers of health care interactions, errors can take place. When these medical errors occur, it becomes necessary to determine whether the mistakes were due to medical negligence.
Medical Negligence
Medical negligence occurs when a physician, hospital, pharmacist, or any other health care professional fails to perform the expected duties of their respective jobs. Once a medical professional or medical facility has agreed to treat a patient, there is already the duty to treat such patient with reasonable skill, prudence, and customary care based on a standard of medical care. The standard of medical care is defined by Webster’s Medical Dictionary as the manner a reputable medical provider with the same qualifications would manage a patient’s treatment under equivalent conditions.
Medical negligence occurs when a medical professional does not comply with the standard of medical care, whether by performing flawed or irresponsible procedures or by failing to take the necessary actions to prevent harm. Medical negligence can result in injury or harm to the patient, but not in all cases. Medical negligence is a part of medical malpractice.
Medical Malpractice
Medical malpractice occurs when a patient suffers complications, injury, or death because of a health care professional’s or health care facility’s medical negligence, and provided there is proof of harm and loss. However, not every instance of medical negligence is medical malpractice because not every medical negligence case results in harming a patient, and in some medical negligence cases, there is a lack of proof.
Proof in medical malpractice covers four areas:
1. Physicians, health care professionals or providers had a duty to provide health care to a specific patient or patients.
2. The health care professionals or facilities failed to provide the standard of medical care.
3. This failure to provide the standard of medical care resulted in harming the patient or patients.
4. A patient must be able to prove there were damages, such as a loss of eyesight, loss of use of limbs, or a loss of the ability to work.
If any one of these four points is missing, it does not constitute medical malpractice.
Goldberg & Osborne, a personal injury law firm, has provided this article for informational purposes only, written by an independent author, has not reviewed or edited this article, and is not responsible for its content or accuracy.