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Do I have a medical negligence claim?

On Behalf of | May 3, 2022 | Personal Injury

Subpar medical care can raise a legitimate claim to personal injury if a plaintiff can establish a medical practitioner caused unnecessary damage. For instance, KTVB7 reported that a jury awarded an Idaho Falls man $7.9 million because of a treatment that paralyzed him.

What determines medical negligence, and what can someone do for recompense?

Determining medical negligence

Many people conflate medical malpractice with medical negligence. While accusations of malpractice must prove the intent of a professional to do harm, cases of negligence do not rely on intention to establish guilt. A mistake causing injury to a patient, though unintentional, can constitute medical negligence.

Negligence involves an action or an omission to act that causes damage. A court verifies that the professional owed a legal obligation to the plaintiff. If the action or inaction were not something a prudent person would have done and caused an injury, a victim might prove negligence.

Injury is often defined as bodily harm, but emotional distress may also meet the requirement. A defendant must prove the negligence itself caused the damages and not some other action or inaction.

Responding to suspected negligence

Establishing facts in medical cases can be challenging, so a plaintiff typically relies on the assistance of experienced professionals to ascertain proof and achieve a favorable outcome. A second medical opinion is likely necessary to prove the harm done. Legal professionals can collect witness testimony and evidence with the goal of establishing negligence.

Poor health care can result in devastating consequences. Since individuals cannot eliminate the possibility of negligence, they should understand their rights and prepare to react in case of receiving poor medical treatment.