Medical negligence isn’t acceptable in the medical field, but it still happens today both intentionally and unintentionally. There are several types, all of which you can file a claim for.
One kind of medical negligence to consider is called negligence per se. A good example of this would be if you went to an optometrist and that doctor diagnosed you with a heart condition. That doctor is not trained in heart surgery or the cardiovascular system, instead of specializing in working with the eyes. The doctor’s diagnosis could be seen as negligent since he or she is not in a position to be making claims. In court, a person who is negligent in this manner can be found immediately guilty of medical negligence.
Hospitals and doctors have to obtain consent to treat their patients, which is another area in which negligence can take place. Before a patient can be treated, the patient should express consent to treatment orally or in writing. Implied consent is acceptable if the patient’s actions show they want help. For example, a person who walks into an emergency room before passing out clearly intended to seek medical help.
Advance consent is another possibility. A person who expects to suffer a medical problem or who has an ongoing and chronic condition may have an advance consent on file at a medical office or hospital. Other kinds of consent also exist, like proxy consent or presumed consent. The important thing is that if a doctor or hospital has no consent or reason to believe consent is given, then they are being negligent and could be sued by the family of a patient or the patient him or herself. Our website has more information.