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What is Clinical Negligence?
Clinical negligence, medical negligence, and medical malpractice are all terms that can be used interchangeably and mean the exact same thing. Clinical negligence is defined as a negligent action of a medical care provider that caused harm, through injury or illness, or death to their patient.
Medical negligence cases can be challenging to prove. If you believe that you are a victim of medical malpractice, it is essential to contact an OKC medical negligence lawyer about your claim.
Malpractice Claims Require That The Patient Was Injured
It is vital to understand that a weak or unexpected outcome to medical care is not medical malpractice. All medical care comes with a risk, and there are not any treatments or medications that offer a 100 percent cure rate.
For clinical negligence to occur, the injury victim must show that:
- The care provider acted outside of the accepted practices for treating the condition
- That because of this action, an injury or illness occurred
The insurance company covering the malpractice case will try to prove that any injury or illness that you have is not a result of the care you received. They will also try to state that you accepted the risks of your treatment and are not injured, just dissatisfied with the results.
It is crucial that you have aggressive legal representation when you are making a medical malpractice claim. Your attorney must show that you were injured and that your injury was a direct result of the care you received.
Common Forms of Medical Negligence
In most cases, all medical negligence cases fall under one or more of the following categories:
Failure to Diagnose, Delayed Diagnosis, Inaccurate Diagnosis
If a care provider does not use the standard tests and procedures to diagnose a patient based on the symptoms the patient presents, it could lead to severe or life-threating medical conditions for the patient.
Overtreating or Undertreating a Condition
Sometimes a headache is just a headache. Overtreating a condition can lead to additional harm and stress of the patient. On the opposite side of the situation, sometimes a headache is a warning sign of a severe condition, and only offering a pain reliever can lead to harm.
Receiving the wrong prescription, the wrong strength or prescription, or being given a prescription that does not mix with other current prescriptions can harm the patient or cause shock or death.
Any surgical error can lead to harming the patient and requiring additional medical care to correct. Sadly, some medical errors can lead to life-changing situations for the patient.
Infections and Communicable Diseases
Infections that occur after surgery or are a result of cross-contamination in a medical office setting are a form of malpractice. The transmission of communicable diseases is also clinical negligence. Medical care professionals have an obligation to keep their offices sanitized and wash their hands thoroughly so that patients do not become infected.
Failure To Test, Failure To Interpret Test
Correct testing and interpreting the results of those tests are essential to quality medical care. If the care provider or the technicians fail to perform any testing, including imaging, correctly, or if those tests are interpreted incorrectly, the patient can be harmed.
Birth Injuries to Infant or Mother
Birth related injuries are very serious to both the infant and the mother. Injuries during the delivery process can lead to life-long challenges for the infant, and injuries to the mother are often serious and can lead to infertility, internal bleeding, and possibly death. Natural or cesarean births both present risks to mother and infant.
Other types of medical injuries can occur. However, most fall within these categories. If you believe that you have been injured by a medical professional, it is important to contact an OKC medical negligence lawyer as soon as possible after the event occurred.
What To Do If You Believe You Were Harmed By A Medical Care Provider
If you believe that you were harmed by a medical professional, you are encouraged to take the following steps:
- Seek Medical Care. Stabilizing your health is the most important thing for you to do. Get a second opinion about your condition and begin treatments to correct the condition.
- Document Everything. Keep a journal of everything that led you to believe that you were a victim of malpractice, the treatments you are currently receiving to correct the condition, and the effect that this has had on your life. All f this will be very useful when you file a claim for compensation
- Contact an Attorney. You will want to speak with a medical malpractice attorney as soon as possible. This is the best way to protect your rights and to build a solid case for compensation.
- Follow through With Treatment. It is important to get the treatment you need for your condition. If you miss appointments or fail to follow the care program, the insurance company will see this as a sign that you are not “really” injured.
Working With A Medical Malpractice Attorney Is Always Beneficial
When you are making a claim for compensation for medical malpractice, there are many benefits to having an attorney manage your case. Some of these benefits include:
- Expert knowledge of the laws and insurance policies covering medical malpractice events.
- Access to expert witnesses and testimony to help prove your case.
- Extensive resources to research your condition, available treatments, and potential outcomes so that proof can be shown that medical malpractice occurred.
- Support staff to help answer your questions and guide you through the process.
- Superior negotiating skills to ensure that you receive all of the compensation that you are entitled to for your losses.
One of the most significant benefits, however, is the reduction of stress in your life. When an attorney is managing your case and dealing with the insurance company, you can allow yourself to focus on recovering from your injuries.
If you or your loved one has been harmed by the medical care that was received, protect our rights, and speak with an OKC medical negligence lawyer today.