If you think your doctor might have been guilty of
medical negligence, it may help to know exactly what medical negligence means. Some people
think medical negligence and
medical malpractice mean the same thing. However “negligence” means something
more specific. Negligence implies a lack of action, meaning that a doctor
has failed to do something or perform an action that would typically be
done in standard medical care. For example, if a doctor is distracted
and forgets to check a patient’s chart, he or she is responsible
if the patient reacts badly to a drug allergy. If the doctor is lucky
enough to have caused no damage during that lapse in concentration, he
or she is still considered negligent.
When Does Medical Negligence Turn into Medical Negligent Malpractice?
Medical negligence can become medical malpractice if the negligence leads
to injury. Using the previous example, if the doctor administered morphine
to a patient allergic to the drug, the patient could experience anaphylaxis,
or a dangerous, whole-body reaction to the morphine. Anaphylaxis could
be fatal if untreated immediately. Even if treated, it could also cause
damage if the patient’s air supply was too weak to provide sufficient
oxygen to the brain.
How Do I Prove Medical Malpractice?
In order to verify that your doctor is guilty of medical negligent malpractice,
you must be able to prove four things:
- Your doctor owed you a duty of care
Your doctor violated the standard of care that
should have been given in all similar circumstances
- You suffered compensable injury
- That injury was directly caused by the insufficient care (negligence) of
Make sure that you have documented your care as much as possible. It is
up to you to prove that these four elements appear in your case before
you appear in court. If you’re concerned about whether or not your
case has these four components, give us a call at (202) 888-0872 or fill
in your information on our online form for a consultation. We’ll
fight for your compensation.