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M09.03.014 Negligence
Negligence in the medical field involves an act or failure to act by a healthcare provider that deviates from accepted medical standards, potentially causing harm to the patient. Understanding negligence is essential for both legal and ethical standards in healthcare.
Definition of Medical Negligence
Negligence is an action or omission (failure to act) by a physician or medical professional that does not meet the established medical standard of care. Negligence can be classified as intentional or unintentional, often associated with a failure to fulfill civic and professional duties.
| Type | Description |
|---|---|
| Intentional | Malpractice—willful deviation from standards |
| Unintentional | Medical negligence—accidental harm |
Categories of Negligence
1. Intentional Negligence (Malpractice)
- Definition: An intentional disregard for standard medical practices that result in patient harm.
- Examples:
- Performing unnecessary surgery for financial gain.
- Knowingly prescribing a drug with harmful side effects without informing the patient.
2. Unintentional Negligence (Medical Negligence)
- Definition: Accidental failure to meet the standard of care, usually resulting from oversight or lack of awareness.
- Examples:
- Failing to diagnose a condition that should have been identified.
- Misinterpreting lab results leads to incorrect treatment.
Legal Implications
Medical negligence is generally regarded as a civil liability, where a healthcare provider may face legal action if their negligence results in patient harm. The impact varies depending on the nature of negligence:
| Type | Legal Consequences |
|---|---|
| Malpractice | Can lead to criminal and civil cases |
| Medical Negligence | Civil cases, financial compensation |
Points to Remember
- Standard of Care: The level of care that is accepted as the norm in medical practice.
- Duty of Care: Obligation of healthcare professionals to avoid actions or omissions likely to cause harm.
- Breach of Duty: Any deviation from accepted practices that results in harm.
- Harm or Injury: Must be proven in a negligence case.