Generally, there is no conceptual difference between medical negligence and negligence. It will be brought under the general tort of negligence but occasionally, actions in the tort of battery or trespass to the person could be available.
It is well-established that doctors owe a duty of care to patients. To prove negligence, breach of this duty and causation will have to be satisfied. This means that we will have ascertain that a doctor’s failure to provide a duty of care to the patient caused the said injury(s). Examples of medical negligence are surgical errors, misdiagnosis and over dosage of medication.
There are specific protocols that must be adhered to before a claim against a medical practitioner can be made. At Cosmas LLC, we will assist you in the process of making such a claim against a medical professional.