Do I have a Medical Malpractice Case?
If an infection is contracted it does not necessarily mean that medical negligence has occurred. In infection cases it is important to monitor how the hospital followed their infection control plan and if there are other explanations for the infection. Even if the hospital is not at fault for the infection being contracted, they are responsible for treating the infection quickly.
In order to prove medical negligence you need to understand how the hospital contributed to the infection. Negligence may have occurred if any of the above steps such as failure to sterilize, wash hands, wear gloves or disinfect were not done properly.
Medical malpractice is an act or a failure to act on the part of a health care provider which results in injury. Medical malpractice may have occurred if another hospital or medical setting would not have acted in a similar manner. You must also prove that it was this breach of duty which caused the injury. This means that the patient would not have been injured if the mistake had not been made.
Finally, the patient must prove damages. Damages could include lost wages, pain and suffering, medical bills or death. If the person has not suffered damages then there probably is not a basis for a claim of medical malpractice.
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