Medical Negligence

Medical negligence is a form of negligence performed by a doctor or other medical professional in providing a service to their patient. As a professional, the doctor has a duty to the patient to provide skilled, careful, and thorough medical services. Since the doctor has this duty to their patient, failure to follow through with this duty constitutes negligence. However, certain medical procedures are unsafe and/or unperfected, so medical professionals are not guilty of negligence as long as their mistake was not due to lack of skill or lack of care. The doctor's fulfillment of his duty is assessed on a reasonable person standard; that is, whether or not another reasonable, skilled doctor would have made the same or a similar mistake. This type of negligence is often a cause of medical malpractice, which happens when negligence is coupled with a resulting injury or death. At this point, since the medical negligence has caused injury, the injured party is able to sue for damages against the doctor or other medical professional.

Fast Facts

  • 10 years ago, a study determined that around 98,000 are killed each year from preventable mistakes in medical procedure

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