Medical negligence refers to a situation where a doctor, healthcare professional or medical facility fails to provide adequate treatment, resulting in harm or injury to the patient. These cases can be difficult to prove and require expert testimony from other medical professionals. As a Mississippi injury lawyer, it is important to have a thorough understanding of negligence and how to recognize signs of it. In this blog, we will discuss the common indicators of negligence and what steps you can take as a lawyer to help your clients seek justice.
Understanding Medical Negligence
Negligence in medical cases fall under the category of personal injury law, where the plaintiff alleges that they have suffered harm or injury due to the defendant’s failure to meet the standard of care expected in the medical profession. This could involve misdiagnosis, surgical errors, medication errors, or failure to obtain informed consent from the patient.
In order to prove a case of negligence, the plaintiff must be able to establish four elements:
- Duty: The doctor or healthcare professional has a duty to provide treatment and care to the patient.
- Breach of Duty: The doctor or healthcare professional failed to meet the expected standard of care.
- Causation: The breach of duty directly caused harm or injury to the patient.
- Damages: The patient suffered damages as a result of medical negligence, such as physical pain, emotional distress, loss of income, or additional medical expenses.
Recognizing Signs of Negligence in Medical Care
Certain indicators may suggest a case of negligence. As a Mississippi injury lawyer, it is important to be aware of these signs and conduct a thorough investigation to gather evidence and build a strong case for your client. Common causes include:
- Lack of Informed Consent: If the patient did not provide informed consent or was not fully informed about the risks and benefits of a medical procedure, it could be considered medical negligence.
- Hospital Negligence: If you receive inadequate care from hospital staff, such as missed or incorrect medication, neglecting to change dressings or other problems, the facility may be liable if your illness worsens or you develop a preventable infection.
- Failure to Diagnose or Misdiagnosis: If the doctor fails to diagnose a condition or provides an incorrect diagnosis, resulting in harm or injury to the patient, it may be considered negligence.
- Surgical Errors: Errors during an operation, such as performing the operation on the wrong body part or surgical instruments left inside the body, can constitute negligence.
- Medication Errors: Administering the wrong medication or incorrect dosage, prescribing contraindicated drugs, or failing to monitor a patient’s reaction to a medication can all be signs of medical negligence.
- Lack of Proper Follow-Up Care: If a doctor fails to provide proper post-treatment care or follow-up appointments, resulting in harm or injury to the patient, it may be considered negligence.
Call Our Mississippi Injury Lawyer Today
At the Diaz Law Firm, we understand the devastating effects of malpractice on patients and their families. Our team of experienced injury lawyers is dedicated to fighting for justice and obtaining fair compensation for our clients. If you or a loved one has been a victim of medical malpractice in Mississippi, do not hesitate to contact us at either (601) 607-3456 or (800) 459-2222 for a free consultation and review of your case. We can also be reached online. We will aggressively pursue your case and hold the responsible parties accountable for their actions. Don’t wait, call us today and let us help you get the justice you deserve.