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What Is Medical Negligence?

Medical negligence, also called medical malpractice, is a case in which a professional physician strays from the established rules and guidelines for their practice and procedures, and performs illegal and/or immoral operations on a patient, resulting in injury or death. It should be noted that the last part, related to injuries, is crucial in relation to medical negligence, as the lack of such an element will void any claims for medical negligence in court.

There are several parts to a case for medical negligence which need to be present in order for the case to be valid - it must be asserted that the physician who performed the procedure must have been able to treat the patient of a condition they were suffering from in the first case; furthermore, the physician must have intentionally deviated from their standard procedure guidelines and performed an operation which endangered the patient; and last but not least - the procedure must have lead to damage in the patient, either physical or emotional.

In some cases patients have been unable to prove a case of medical negligence due to the lack of any physical effects from the operation - building a medical negligence case on the base of emotional damage entirely can be very difficult, and even though there are some legal precedents where it has been possible, that's not the general case. Additionally, any delays between the operation and the patient reporting it can severely degrade their chances for building a successful case.

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