Free Medico Legal Advice Related to Laparoscopic Surgery

Medicolegal Error and Negligence
Discussion in 'All Categories' started by Dr Supriya Khetan - Jul 24th, 2014 6:38 pm.
Dr Supriya Khetan
Dr Supriya Khetan
I want to know the exact difference between Medical Negligence and Medical Error? Is all iatrogenic Injury to the patient should be considered as Medical Negligence and How far doctors are responsible for the complications developed to the patient due to Medical error which happens during the treatment of a patient?
re: Medicolegal Error and Negligence by ADITYA RAJESHWAR - Jul 31st, 2014 9:07 am
#1
ADITYA RAJESHWAR
ADITYA RAJESHWAR
Dear Dr. Supriya Khetan,

Medical error can arise in planning action or executing them. Medical negligence is failure to meet the standard of practice of an average qualified physician practicing in the specialty in question.Medical negligence Occurs not merely when there is an error, but when the degree of error exceeds the accepted norm.

Some of the common medical errors at various stages of treatment may be, during the diagnostic stage error may occur in, error or delay in diagnosis, failure to use indicated investigations, use of inappropriate investigations, failure to act on results of investigations, similarly during the treatment error may arise in the performance of a procedure, error in administering a treatment, error in the dose of drug, avoidable delay in treatment.

Medical negligence can be proved by showing following negligence form the part of doctor, show first that the doctor owed the complainant a duty of care, second that this duty was breached by failure to provide the required standard of medical care and third that this failure caused the complainant injury and/or loss for which compensation is payable and which was both foreseeable and reasonably avoidable.


With Regards

ADITYA RAJESHWAR
re: Medicolegal Error and Negligence by Dr R K Mishra - Aug 7th, 2014 6:37 pm
#2
Dr R K Mishra
Dr R K Mishra
Excellent explanation of difference between Medical Negligence and Medical Error. Nowadays there is drastic increase in medicolegal cases against doctors. There is basically one claim per doctor being filed in right now. If you are a general surgeon, or gynecologist 70 percent of you will be sued, with 90 percent of surgeons sued at least once before the end of their career. In any individual year, one-in-20 doctors is sued, but over years of a career, the accumulated percentages of doctors who have been sued goes sky-high. Half of all obstetrician and gynecologist are sued before they reach the age of 40.

In these circumstances a clinician should be very much defensive in their practice. They have to serve other and protect themselves.

Medical errors, are unfortunate, and sometimes preventable, factor in healthcare. But there are at least two different types of clinical errors. Individual errors by physicians are not at all the same thing as system errors. Individual errors are an unfortunate, but necessary, part of being human and society should understand that there is no human which does not do error. Human error can not be zero although it should be as low as reasonably possible.

R.K. Mishra

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