What Are the Different Degrees of Negligence in Medical Malpractice?

What Are the Different Degrees of Negligence in Medical Malpractice?

Medical malpractice happens when a hospital, physician, or health care professional causes an injury to a patient. This type of malpractice can be caused by many different actions or omissions, but usually the main cause of medical malpractice is negligence. In these cases, courts will define negligence as a health care professional’s failure to provide the amount of care and skill of the average person who practices that provider’s medical specialty. Not every medical malpractice case is the same though, so it’s important to consider the range of negligent actions that can occur.

What Types of Negligent Acts Can Occur in Medical Malpractice Cases?

  • Accidents: Accidents technically mean that no one is at fault for the injury that occurred. However, medical negligence can easily be misclassified as an accident at first investigation. In order to determine if it was an accident or negligence, you will have to examine the medical procedure and its complication rate. Some medical operations are more complicated and difficult to conduct, so there will be more risk of an accident with those procedures than a common medical procedure that should be handled with ease.
  • Error: A medical provider’s error is also considered a form of negligence, even though errors can also be disguised as innocent mistakes. A physician can either make an error in judgment (mental mistake) or operational error (physical mistake). In court, you will have to prove that this was negligence by alleging that your physician should have known how to properly judge or operate a medical situation based on medical training that he or she received.
  • Gross Negligence: This is also known as aggravated negligence, where your physician or medical provider acted in substantially more unreasonable behavior than normal negligence. For example, you could try to prove gross negligence if you can show that your surgeon or physician was drunk while operating or caring for you.

Our Nashville medical malpractice attorney Stanley A. Davis understands the complications of medical malpractice and has handled several suits involving medical negligence. Contact our law office for a free consultation if you have been a victim of a physician’s negligent acts during your care.



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