Three essential components must be established for a medical negligence claim to succeed:
Duty of Care: It must be proven that a healthcare provider owes the patient a duty of care, entailing a professional obligation to treat the patient with a reasonable standard of care.
Breach of Duty of Care: It must be established that the medical professional did not provide the patient with a reasonable standard of care, either through an action or inaction and that this negligence resulted in the patient’s suffering. This is frequently referred to as a “breach of duty.”
The patient’s harm must be proven to have been caused directly by the healthcare provider’s negligence. If the patient’s harm had occurred regardless of the healthcare provider’s activities, it would not be considered negligence.
In 1997, James Harrison was diagnosed with HIV after he contracted the virus as a consequence of a regular blood transfusion that was performed on him following heart surgery. In the end, Harrison succumbed to problems associated to AIDS.
His family has filed a complaint for medical negligence, stating that the hospital did not take the required steps to avoid the spread of the virus during the blood transfusion.
The action was filed on his behalf. In the case, it was alleged that the blood transfusion had been carried out without the appropriate screening, and that the hospital had failed to take the essential procedures to avoid the spread of the virus.
The action was successful in that it resulted in a settlement, but it was also successful in that it raised attention to the significance of adequate screening and safeguards while doing blood transfusions.
At Advox Law LLC, we have developed a keen focus on medical, family, criminal and immigration law.
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