Sustaining severe health conditions such as loss of body functions or brain functions are obviously heart-wrenching situations especially when these injuries could have been prevented by a reasonable medical attendant. However, the laws support the victims of medical malpractice. People suffering such injuries or incapacities can claim compensation to minimise their post-treatment difficulties. During the process of pursuing your rights, what is negligence and what is not should be understood correctly. As the majority of the medical operations involve natural risk, not every adverse situation is a valid reason to make a claim.
Medical malpractice
Medical malpractice is a situation when the patient is harmed as a result of the medical attendant’s negligence. In this situation, negligence can be defined as an omission which could be avoided by a reasonable peer professional. Throughout Australia, all medical professionals owe the same duty to their patients. The duty is to provide health care services, treatments, operations and surgeries at standards that are accepted all around in Australia. Applying a wrong treatment process, prescribing wrong medications or surgical failures are to be determined as the professional’s negligence if the patient’s state of health is worsened after the treatment. In a nutshell, it is expected from the professionals to keep harm away from their patients and if they fail to do so, the patient can claim medical malpractice compensation.
Risk should be foretold to the patient if the operation is a risky one
This is the main reason why many documents are signed prior to complex surgeries as these operations involve natural risk. Even if the risk is high or relatively small, the patient should be informed about the risk in a timely manner as the patient can decline the treatment if the process poses an unignorable risk to the patient.
On common occasions which many of us have been through at least once in our life such as having an injection, the medical attendant’s lack of care can cause unimaginable damages. Although the process is simple, inattention for a split second can leave the patient with permanent injuries. This is why medical negligence laws are put into force by the governments of many countries. Victims of similar occasions can evaluate these situations by asking a couple of questions.
· Is the medical situation of the patient could have been different if the necessary care was taken?
This is especially important as medical negligence claims require in-depth investigations and expert doctor statements. As an example, a reasonable peer professional can handle the administration
process of the medications away from harm. But if the medical attendant at duty during your treatment process couldn’t, this may be determined as negligence.
· Was the patient aware of the risk involved in the treatment?
Especially in surgical errors, negligence and the natural risk factor can be mistaken. Even the simplest dental operations pose an inherent risk. During the surgery or any other medical operation, if the doctor took the necessary care but the harm occurred as it was in the nature of the treatment, the patient cannot sue the doctor. However, even if the harm occurred from natural causes, the doctor is obliged to warn the patient as it is unlikely for a patient to be aware of what danger awaits. If the doctor failed to warn the patient or failed to do in a timely manner, the patient has a valid reason to claim compensation.
Medical negligence in a nutshell
Although the evaluation of the process sounds easy, the process surely isn’t. Especially while suffering severe injuries due to the medical professional’s fault. The process requires detailed examination, and as many medical terms are involved in the process, it might sound confusing to the claimant. To make sure that you pursue your rights in the best way possible, feel free reach to a medical malpractice lawyer.