The Person Behind Medical Negligence

Medical negligence happens when a medical professional provides care

, and health service that is below the required standard. The professionals that are covered under medical negligence consist of general practitioners, state, and privately funded hospitals, private health practitioners, occupational therapists, nurses, and dentists.

Many jurisdictions are legally entitled for people to attain certain standards of clinical care. However, when the medical professionals do not stick on to such standards, the issue of clinical negligence arises. Such incidents occur because of irresponsible and erroneous actions that should have been prevented at all costs.

It is necessary for all the hospitals to have ample amount of nurses so that proper treatment of the patients can be done with precise care. If for any reason, there is a shortage of these nurses then there could be a situation during which a medical negligence case may be filed against that particular hospital for not taking proper measures for patients care, and safety.

The hospitals have to face the consequences of medical negligence when they fail to look after the patients from proper medical treatment, proper medical tests, and proper admittance, and discharge sheets once they are over with their treatment procedure. In case of emergency treatments, if any medical negligence is caused to the patient, then it will result in medical negligence, and a legal responsibility for the hospital.

There are cases when the health care providers are under independent contract and cannot be taken as hospital employees; this validates the fact that when a doctor, health care provider or a physician in not liable to respondent superior doctrine, and happens to commit any sort of negligence, the hospital would not be liable to any such blame. In such cases, the doctor himself would be sued for such act of irresponsibility.

In the verdict, it was also mentioned that such cases must involve leading doctors to help the court to understand the case well. Then this law was thrown into turmoil, as getting the accurate and expert opinion from one doctor against his/her fellow doctor was near to impossible.

However, it is quite a significant aspect for the manufacture, because he would not be liable to any negligence blame, as he is supposed to report to the doctor or the physician about the risks involved in any drug. Therefore, the manufacturer is always supposed to search regarding the possible side effects and risks of the drug, before it is consumed by the general public.

If the pharmaceutical manufacturer does not warn the physician of any possible side effects, or risks involved by consuming the drug, then they will also be held legally responsible for medical negligence.

by: David Halbert.

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