What is Medical Negligence Definition

Also known as medical malpractice, medical negligence includes cases where patients have suffered long-term injuries from misdiagnosis, surgical mistakes, failure to warn, or birth-related defects and injuries.

When a medical practitioner causes harm as a result of failing to perform their medical duties competently, it is considered medical negligence (or medical malpractice).

Requirements for a Medical Malpractice Claim: How Do I Prove Medical Negligence?

To be eligible for medical negligence payouts through a medical malpractice claim, you must be able to prove that medical negligence occurred, which can be tough.

Proving medical negligence requires you to prove:

  • That a doctor-patient relationship existed
  • That there was a duty was owed to you
  • That a breach of that duty of care occurred (this requires proof that the medical practitioner or hospital breached their duty of care which caused injury or illness)
  • This injury led to damages. Damages including pain and suffering, medical expenses, loss of wages and future wages, loss of superannuation and future superannuation, and future care costs.

Common Types of Medical Malpractice

While medical malpractice, or negligence, can occur in many forms, there are a few common types of medical malpractice which tend to encompass most scenarios:

Improper treatment

This could be the case if the medical professional simply fails to act in a way that any other competent medical professional would. This would include forgetting to cover certain steps in a process, leading to damages, or administering treatment incompetently, leading to damages.

Failure to warn

Doctors and medical professionals have a responsibility to warn patients about any known risks of a procedure or treatment they recommend. Failure to warn means that they did not perform their obligation, and it is found that the patient, had they been warned, would not have gone through with the procedure if they’d have known the risks.

Failure to diagnose

If a doctor failed to diagnose an illness or condition that any competent doctor would have discovered, and if it can be proven that an accurate diagnosis would have led to a better outcome then this is considered medical malpractice as a result of failure to diagnose.

Unfortunately, medical negligence is difficult to prove. For this reason, it is recommended to seek legal assistance so that you can navigate the best course of action for your claim.

Why Use What’s My Claim Worth?

What’s My Claim Worth can help you to find out the value of your medical negligence claim, as well as what you may be eligible for, and then, if you opt to, we can connect you to our network of medical negligence legal professionals. They will take on your case on a No Win, No Fee basis (excluding defendant costs if the claim is litigated).