Medical negligence claims are filed when a medical professional, doctor or a team of medical professionals have failed their duty and provided services below the expected standards. When the patients suffer due to the wrongful or inappropriate treatment by the doctor or a team of professionals, it forms the basis of a negligence claim by the patient. There are a many different types of negligence claims that come up from time to time, many of which occurs during the medical emergencies.
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At the time of medical emergencies – paramedic team and the doctors are rushed to treat the patient under circumstances that leaves the door open to carelessness to dive in. At such times, improper or inappropriate diagnosis and treatment can lead to disastrous consequences for the patients, eventually leading to negligence cases. Generally, negligence cases occur due to the following reasons
1. If the patient is left untreated at the time of immediate attention or if in an emergency situation or if a wrong diagnosis is provided, a firm base for negligence case is formed.
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2. If the doctor has not been able to provide the right treatment due to his inability to identify the root cause of the ailment in time, leading to severe consequences later on, a negligence case can be filed.
3. If a wrong treatment or medicine is prescribed causing temporary or permanent damage or a delay in getting relief from the ailment, leading to a prolonged period of pain and suffering for the patient, then a negligence case can be filed against the concerned doctor.
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4. One of the most common reasons for the negligence claims cases is making mistakes or accidents at the time of surgery or during invasive treatments. If the doctor or a surgeon has not been able to perform as per the expected medical standards and the harm or pain is experienced by the patient – it makes a sustainable case for the negligence case.
5. Anaesthesia errors are also common in the medical world, forming a considerable portion of the amount of negligence cases filed annually around the world. These errors can lead to tremendous pain, physical issues and even trauma in patients even due to the slightest of negligence. If anaesthesia is improperly diagnosed, it can even lead to death.
6. At times, doctors and surgeons prescribe surgeries and invasive treatments that might not be actually necessary. Surgeries and surgical operations are painful, have personal and professional consequences and can even be a traumatic experience for many. If it is identified by the patient that the surgical operation he/she has gone through was not needed and could have been avoided, it can lead to a negligence claim.
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7. Poor post-treatment monitoring and supervision can have fatal consequences as it can lead to recurrence in the health problems, slow recovery, physical and mental suffering, and even death at times. If the post-treatment was poor or inadequate, it can lead to a negligence claim.
The Basics of a Clinical Negligence Claim