Negligence in healthcare is rarely planned. Few doctors, nurses, dentists, and other caregiving professionals want to cut corners, skip steps, and otherwise hurt their patients.
But when caseloads pile up, and schedules grow tight, it’s easy to make mistakes. And sometimes, patients hire lawyers to sort out the problem.
If you touch patients in any way, it’s wise to know what negligence healthcare looks like and how a lawyer can help.
Understand the 4 Elements of Negligence in Healthcare
Patients can’t open up a claim against medical professionals without due cause. And sometimes, they file cases they can’t win.
Most juries expect plaintiffs to prove:
- Responsibility. The medical professional (or entity) on trial owed the victim a duty of care.
- Violation. The duty of care was breached.
- Consequences. That breach caused the victim’s suffering.
- Penalties. The victim’s suffering can be calculated.
Any one of these four elements could be disproven in court. But if all four elements of negligence in healthcare are present, juries tend to issue rewards.
Negligence in Healthcare Cases
Sometimes, mistakes lead to loss of life. Up to 120,000 deaths are tied to negligence each year.
But some cases cause disfigurement or suffering. For example, in 2020, a pediatric dentist in Nevada used a diamond bur on a child’s tooth. A spark ignited the throat pack inside the girl’s mouth, and the flames burned for a few seconds. Her family filed a claim for more than $15,000 in damages.
If you’re facing negligence in healthcare cases, you need a lawyer. Someone must defend the decisions you made while treating your patients. And that legal expert must ensure that your insurance company doesn’t pay too much to settle a case that’s just not your fault.
At Florida Healthcare Law Firm, we specialize in cases just like this. We’d like to help you. Contact us for an assessment and evaluation.