| (Under the law, when examining cases of medical | | | | the medical treatment or medical service fell |
| malpractice for negligence, it is important to realize | | | | below that of a competent service provider in a |
| that the idea of medical negligence hinges on two | | | | medical profession. Causation shows the link |
| things: liability and causation. First of all, the idea of | | | | between the service provided and the injury |
| medical malpractice implies problems with actions | | | | suffered. Negligence by the medical professional |
| committed by medical professionals. These actions | | | | must have caused damage. One without the |
| may be deliberate mistakes, but more often than | | | | other is not sufficient to prove medical negligence. |
| not are simply actions due to negligence, which | | | | In clear cases of malpractice, when a medical |
| must be shown to be "actionable" to have a | | | | patient has been injured through improper action |
| bearing as medical negligence. For something to be | | | | or inaction of a medical professional or even of a |
| actionable, it must have all the components of a | | | | medical facility, the issue of negligence becomes |
| viable cause to action. Per Findlaw, "there must be | | | | critically important to establish. Liability and |
| a duty owed to someone, a breach of that duty, | | | | causation are the two key parameters every |
| and resulting harm or damage that is proximately | | | | solicitor will built his case upon. If you, as a patient, |
| caused by that breach". (public.findlaw.com) | | | | are going to experience any care for a long-term |
| How to apply the concept of proximate cause to | | | | condition, make sure to keep good records. |
| medical malpractice? The best way is to ask | | | | If you know you will be unconscious or rendered |
| whether, but for, the alleged negligence, the harm | | | | mentally impaired through a course of treatment |
| or injury would have happened. Competent | | | | (for example, on a prescription drug), be sure to |
| service providers must meet certain standards in | | | | appoint someone with power of attorney who |
| their profession or they open themselves up to | | | | can keep records for you throughout the course |
| malpractice. Liability is established, therefore, when | | | | of treatment. |