Your doctor, more than anyone, is someone you should always feel like you should be able to trust. With years of education and training, most people have full faith in the doctors and other medical professionals who treat them. Unfortunately, that trust is frequently broken. When medical professionals commit medical negligence, the results can be devastating. Patients who suffer from harm at the hands of those in charge of caring for them can face lifelong medical complications. These complications can prevent people from being independent, working, and are so serious that medical negligence has become one of the most common causes of death in America.
No one should have to worry that their doctor will cause them additional harm. Any medical professional who acts negligently needs to be held accountable to prevent this from occurring again. At Latona Law, we specialize in medical negligence to help you get justice.
How is Medical Negligence Determined?
While any legal matter is complicated, medical negligence is even more so, as lawyers also need to have a solid understanding of the medical field. It isn’t always clear whether or not negligence was involved. Doctors and other medical professionals are only human, so at some point, they could likely make a mistake. Just because a mistake was made, doesn’t mean it qualifies as medical negligence. In many cases, to be able to show that negligence occurred, other medical professionals will need to be brought in to analyze the situation.
For medical negligence to occur, the following need to be proven:
Doctor-patient relationship – First, it must be shown that there was an established relationship between the medical professional. The patient sought help from a medical professional, who would then have to take on the responsibility of treating them.
Duty of care – Anytime a doctor accepts the responsibility to treat a patient, they have a legal duty to provide them with a certain “standard of care.” This is unique for each situation and would be agreed on by similar medical professionals.
Breach of duty – Breach of duty occurs when a patient receives care that fell below the standard level of care for that situation.
Causation – When a patient receives poor care, this neglect would have to directly lead to the harm that’s been done to them. Had they been given the proper level of care, they would not have faced any harm.
Damages – If the harm done to the patient was caused by neglect, it also needs to result in damages for them. This would include financial damages, or non-monetary ones, such as loss of enjoyment.
Common Types of Medical Negligence
Medical negligence can occur to anyone getting any type of treatment. Of course, the nature of certain procedures can increase the chances that medical negligence will occur. Some might think that after negligence happens in a specific situation, medical professionals would take extra precautions to prevent it from happening again. In reality, we see many examples of medical negligence happening most commonly.
Anesthesia errors – Mistakes made during the administration of anesthesia are some of the most serious. With too much anesthesia, patients are at risk of brain or organ damage, but with too little, they could have to feel extreme pain. Mistakes can also be made when patients on certain medications are given anesthesia, or when equipment is damaged or used improperly.
Diagnosis errors – Improper testing, or lack of attention, can result in a patient receiving a misdiagnosis. This can cause a patient to undergo treatment for a different complication or not receive any treatment at all. Lack of care can cause the patient’s condition to worsen.
Prescription errors – If a patient is prescribed medication, a doctor can mistakenly be given the wrong type. They might also be given the correct medication, but in the wrong amount. Both situations can be harmful in addition to not treating the patient’s existing condition.
Surgical errors – Surgical errors are among some of the most easily preventable. Large mistakes like operating on the wrong body part or the wrong patient can occur. Surgeons might also leave objects behind inside of their patients.
Damages in a Medical Negligence Case
Being harmed by a medical professional is already painful enough, but many suffer from additional damages. These damages are not something you should have to deal with on your own. You deserve to be compensated for what you have been put through. Victims of medical negligence often have expensive medical bills from recovery treatment have to give up working. By receiving financial compensation, you can make up for what has been taken from you.
Some of the damages that compensation could cover include the following:
- Emotional pain and suffering
- Lower quality of life
- Loss of a spouse, or parent for minors
- Lost wages from missing work due to injury
- Medical bills from treating your injury
- Physical pain caused by a medical professional
Medical Negligence Lawyers in Kingston
Victims of medical negligence need to work with lawyers who are trained to work with cases that involve medical negligence. At Latona Law, our lawyers only handle medical negligence cases. Medical professionals and hospitals will already be equipped with a legal team to defend them. With our experience, training, and resources on your side, you have the chance to hold them accountable for their actions. Our goal is to help victims in Kingston get justice.
Medical negligence can leave you and your loved ones with many questions and concerns. We offer a free consultation to help you get a better understanding of the legal process. Contact us today to learn more.