subject: Medical Negligence - Who Is Responsible? [print this page] 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.
Moreover, hospitals are required to register nurses of ample quantity so that all are able to maintain quantity patient care. If there is any nurse shortage, again medical negligence is liable to fall on the hospital. Hospitals are blamed when they fail to protect the patients from any harm, appropriate clinical tests and reports, accurate medical record and properly admit and discharge the patient when the treatment has been completed. There are areas of administration, where patients are admitted due to emergency, and if this is not done so, any loss or damage would result in medical negligence liability.
Whenever, the issue of clinical negligence arises, the medical professionals are weighted against the level of competency, and professionalism among the peers belonging to the same fields. This means that the brain surgeon will be judged in the same standards as of the other brain surgeons.
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.
There are also cases when the pharmaceutical manufacturer is liable to a drug that was used for the patient injuries and treatment. If, however, the manufacturer failed to warn the physician of the potential side effect or risks of the drugs, he too would be held responsible for any post-damage.
There are also many situations in which the pharmaceutical manufacturer is liable for a medical maltreatment, this occurs when a drug is used for the treatment of a patient.
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.
