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The terms medical malpractice or negligence includes everything that can cause harm, injury, or death to a patient by a professional who neglected the special care of the patient in the process of providing health care services. Medical error in diagnosis, health management, medication dosage, treatment, or aftercare of the patient is called malpractice or medical negligence.
Examples of medical negligence may include delayed diagnosis or misdiagnosis of the injury or injuries caused by poor hospital hygiene. Being let down by a medical expert can generate stress for the patient, and any damage might be a significant concern.
There are four essential elements of medical negligence:
DUTY
When a healthcare professional serves a patient, he creates an obligation to give the finest health care possible as a qualified physician. The medical professional owes the sufferer a duty to provide his best under any circumstances. A doctor has to meet the applicable standards of healthcare.
On April 10, 2020, the family reported a medical negligence case about the NHS Trust of West Birmingham Hospital of a patient, Jesse Rollason, who died at Sandwell because of the misconduct reported by the family. Mr. Rollason was 88 years old and in perfect health, but on March 24, 2020, he was hospitalized due to some shortness of breath and was prescribed antibiotics. Later, he got diagnosed as COVID-19 positive and was pronounced healthy and discharged from the hospital on March 31, 2020, after being quarantined for fourteen days. His health began to suffer during his isolation due to inadequate nutrition and hydration intake. He died on April 10, 2020, from renal failure and probable deep vein thrombosis. Nurses eventually confessed that the patient died as a result of inadequate care.
BREACH
When a doctor was careless throughout the treatment of a patient or suggested the improper course of therapy, he broke his responsibility as a competent health care provider. Doctors are responsible for staying rational when making a diagnosis or consulting and treating.
When it comes to generating a specific outcome, the health care practitioner pledges to the patient is the opposite of what he accomplished; it is regarded as a violation of contract while treating them. As an example, the doctor treating the wounded incorrect leg is just carelessness on his part. On June 30, 2009, a three-month-old Matas Juozaitis accidentally swallowed a small button battery. His father reacted immediately but was unable to force Matas to cough up the batteries. The father took Matas to John Radcliffe Hospital, where he arrived four hours after the infant swallowed the battery. He was very pale and vomited several times but was unable to vomit the battery. However, rather than immediate operation, the hospital staff suggested a delay till the next day. His health deteriorated. The chest radiograph shows air entering the space between the right lung and the chest wall, resulting in his lungs collapsed and the battery made a hole in his esophagus, damaging the surface of the aorta. This negligence led to a permanent discomfort in swallowing solid food for the infant.
CAUSATION
In addition to establishing negligence, the claimant must also demonstrate that the harm, whether the physical, mental, or economic loss, was caused by the health care provider. Sometimes the attending doctor and his colleagues will confess that their carelessness caused the damage. However, this does not mean that this person or his employees are obliged to compensate. To file a claim for damages, you must present proof that the plaintiff suffered harm due to negligence in duty by the professionals.
For a patient who shows that the physician’s diagnosis is incorrect but cannot prove that the wrong diagnoses caused his mental health to decline evermore, it will not be considered medical negligence. It may be unable to claim for the damage.
DAMAGE
After proving the negligence of duty and causation, the claimants can claim for their loss. Damages can be either physical, mental, or financial losses. Psychiatric injury is a term used by the court as an injury: post-traumatic stress disorder of the incidence of anxiety disorder. However, there will be no claim for reasonably foreseeable damages.
If a psychiatrist incorrectly diagnosed a patient with schizophrenia, this was the reason he did not receive the visa he needed to establish a company in another country. He might not be able to sue for damages for the business he had hoped to start.
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