One good example of a negligent act or irregularity in a particular profession is medical negligence or malpractice or the inattention in medical needs and responsibilities to patients because this is a situation where a professional negligently act or failed to give a particular care necessary in treating patients according to acceptable standard of practice of their profession. What makes it especially unacceptable and unethical is the result or effect resulted from a medical negligence or medical malpractice and malpractice or improper practice in this field is the cause of a dereliction of professional duty or sometimes a failure also to exercise a simple degree of professional learning or skill by a physician or any practitioner delivering services that resulted injury, damage or loss. Meanwhile, negligence in any form is not only limited to medical practices and the scope is actually broad considering its definition as failure to act or exercise a degree of caution or care. Whether it is contributory, pure comparative or modified comparative fault, it is within the scope of negligence. A corresponding penalty and compensation is affixed to assaults provided it deviates the acceptable standard of practice and the standards and regulations vary depending on the jurisdiction and authority of a country. But this situation provides not much worry for professionals because they just obtain themselves insurances so that the risk and costs associated with lawsuits situated on malpractices and negligence can be offset.
Based on the facts given above, any plaintiff can successfully ask for a claim against a medical provider as long as it is a duty that was owed, a duty that was breached, a breach which caused an injury and a duty that caused damages and damages may be pecuniary or financial or emotional. This is the basis for a claim regardless of whether the practitioner was negligent or not and there is a need to seek for an expert’s legal advice before instituting any medical negligence claims. But you’ll notice that this case is seldom heard of, as not all victims know and understand their rights due to the fact that different incomprehensible law and legal schemes are needed by most cases of negligent offenses and this makes victims hesitant in pursuing the case. Victims are also discouraged to file a lawsuit because of the period of taking proper legal processes, that is why it is important for plaintiffs to have the necessary legal representation and advice if they want to succeed cases of negligent torts. With this, the claims that victims are entitled could be for compensatory and punitive damages by which compensatory damages refers to economic losses like medical expenses and loss wages or physical or emotional sufferings and punitive damages refers to disciplinary or corrective damages that is based on what the existing law provides. Plaintiffs should be honest and up-front to each lawyer they speak to about the situation and they should not over-exert the problem if they want to get a favorable result at the end of the case and they should also justify their rights to ask for claims and damages for any negligence.
Additional Resources:
Medical negligence claims
Medical malpractice
