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Medical Malpractice: Key Factors Involved in a Clinical Negligence Claim

Key Factors Involved in a Clinical Negligence Claim

Clinical Negligence is also a part of medical Malpractice you can have Clinical Negligence Claim if you are a victim.


Medical negligence is the third leading cause of death in the United States for medical reasons according to the Journal of the American Medical Association (JAMA).


Heart disease and cancer are the only two medical conditions that take more lives each year than Medical malpractice.


Malpractice is defined as medical care that deviates from the “standard of care” that is accepted by the medical community for the treatment of a medical condition.


The medical care may be less than or more than what is considered standard and may be provided by anyone within the medical community. Medical Malpractice is not just limited to doctors.


It is very important to understand that medical malpractice only occurs when a serious error has occurred that has led to the patient being harmed. The harm may be physical or emotional or both.


However, medical malpractice has not occurred if the treatment has an end result that is not to the approval of the patient.


Harm must occur for a medical treatment to be considered malpractice. Some of your more common clinical negligence cases include:


1. Failure to diagnose
2. Failure to treat or over treating a condition
3. Issuing the wrong prescription
4. Issuing the wrong strength of prescription
5. Surgical Errors
6. Surgical infections
7. Cross contamination from other patients
8. Delivery / Birth Injuries
9. Bed Sores


These are not the only types of medical malpractice events that occur, only the more common. Any type of injury received by a patient from a medical care provider can be considered malpractice and should be evaluated by an attorney.


 How to Claim for Medical Negligence for a Clinical Negligence Claim.


There are four main factors that must be established before an attorney can seek compensation for a Clinical Negligence Claim . Every clinical negligence cases must be able to meet these four requirements before a case can begin.


1) Relationship. A direct medical care provider-patient relationship must be established before negligence can be explored. The medical professional must have had a direct part in the care of the patient to be considered responsible for any type of injury that may have occurred.

2) Breach of Care. The type of care that you received must be considered a breach or deviation from the optimal standard of care. For instance, if you break your arm it is the standard of care to take an x-ray, set the arm and place it in a cast. Any deviation from that set of guidelines without special reason would be a deviation from the standard of care. Your attorney must be able to establish that the medical care you received was not what other medical care providers would have done to treat your condition.

3) Care Led to Harm. Once a deviation of care has been established, your attorney must be able to connect that breach of care to the harm you received. There must be a connection between your current injury and the care you received.

4) Injuries Received. You must have received an injury or been harmed by their care. This is very important because some deviations of care may not actually lead to harm, so harm must be established.


Once these four points have been established, your attorney will begin to build a clinical negligence cases on your behalf to seek compensation for your injuries.


Contacting An Attorney When You Have Been Injured By A Medical Practitioner


If you believe that you have been injured as the result of your medical care and wants Clinical Negligence Claim, it is in your best interest to seek the advice of a medical malpractice lawyer. An experience malpractice attorney has the knowledge and experience you need to review the clinical negligence cases and help you seek the compensation that you are entitled to as an injury victim.


It is a well-known fact that only 15 percent of all personal injury claims are for medical negligence cases. This is because clinical malpractice cases are often not pursued by the patient. Many people believe that if they seek legal help for their medical violation event they may suffer repercussions from others in the medical community.


Many people incorrectly fear that if they seek medical care to correct a condition caused by medical negligence and the care provider knows that they are seeking compensation; they will not receive the care they need. This is simply not true. Most medical professionals will gladly help you through this difficult time because they want people to have faith in the system.


The medical community as a whole is made up of well-trained individuals that have dedicated their lives to helping others. Correcting a mistake made by another member of their profession is not going to change that factor lower their standards of care. Bad care providers make the whole industry look bad.


If you believe that you have been injured by a medical professional, you should not fear seeking compensation, in fact, it is your responsibility to do just that. Bringing attention to a bad care provider can help save lives.


Working With Your Medical Malpractice Lawyer for Clinical Negligence Claim


When you have been injured by a medical malpractice event, you should seek legal representation as soon as possible to protect your rights as an injury victim. You should not delay because the Statute of Limitations does apply to your type of case. Seeking legal representation will ensure that you receive full and fair compensation for your injuries.


Your attorney is going to need you to work closely with them to help build your case. Some of the things your attorney may require include:


1) Access to all of your medical records so that they can be evaluated by a specialist to determine the extent of the violation and your injury.

2) Require you to visit another doctor for an opinion on the injury and your expected treatment and outcome to correct the injury.

3) Follow the recommended treatment plan to treat or correct the issue. Following your treatment plan is essential to making a claim for compensation.

4) Asking you to refrain from posting information on your social media account.


Your attorney will encourage you to refrain from posting anything on your social media accounts about your case, your injury, your treatment plan or any interactions with your attorney. They will also ask you to refrain from posting too much personal information in general on your social media site during the term of your case. The insurance company representing the defense will monitor your social media for any type of info they can use against you.


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