Medical negligence
Medical negligence (pronounced: med-i-kal neg-li-gence) is a legal term that refers to a situation where a healthcare professional fails to provide the standard of care that a reasonable and prudent professional would have provided under similar circumstances, resulting in harm to the patient.
Etymology
The term "medical negligence" is derived from the Latin words "medicus" meaning "doctor" and "negligentia" meaning "carelessness". It was first used in legal contexts in the early 19th century.
Definition
Medical negligence is a subcategory of tort law that deals with professional negligence by a healthcare provider that results in substandard treatment, leading to physical or emotional injuries to the patient. It is characterized by the three Ds: dereliction of duty, direct causation, and damages.
Elements
To establish a case of medical negligence, four elements must be proven:
- Duty of Care: The healthcare provider had a duty of care towards the patient.
- Breach of Duty: The healthcare provider breached that duty.
- Causation: The breach of duty caused harm to the patient.
- Damages: The patient suffered damages as a result of the harm.
Related Terms
- Malpractice: A broader term that encompasses medical negligence. It refers to any professional misconduct, unreasonable lack of skill, or infidelity in professional or judiciary duties.
- Gross Negligence: A conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.
- Contributory Negligence: A defense in a lawsuit for negligence that the plaintiff's own negligence contributed to the harm they suffered.
See Also
External links
- Medical encyclopedia article on Medical negligence
- Wikipedia's article - Medical negligence
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