Wednesday, September 30, 2020

What is Negligence of Duty?

A lot of people do not file a case against a negligent authority just because they aren’t aware of their rights. Most of them back off because they think getting the compensation for their loss or injury is time-taking and difficult. No doubt that negligence cases can be lengthy and you may have to wait for long. However, once the charge is proven, you get the exact amount of compensation that you claimed for. If you have suffered from an injury and want to file a case, you must first know about the negligence of duty and who is liable.

Must Read: A Guide for Sufferers of Medical Negligence

Negligence of Duty

The medical staff or organization where you are admitted for treatment has a “duty of care” towards you. If they fail to facilitate you with the amount of attention and care needed, they have neglected their duty. As long as a doctor or other medical staff are within the hospital’s vicinity, they are obliged to attend to the patients in a way that prevents further injury. Medical professionals are expected to be trustworthy and loyal to their profession when it comes to catering to the needs of their patients. Most negligence cases occur because of the breach of care. If you are sure that any further injury or health decline is due to the negligence of the paramedic staff, you can hire the best medical negligence lawyers and claim for it.

Examples

Negligence of duty can take many forms.

  1. For example, if you were admitted to the hospital after a leg injury because of which you could not walk. No one attended you properly and your injury ended up in a serious fracture.
  2. Your nurse of room attendant didn’t change your bandages on time because of which your wounds became infectious.
  3. Another cause maybe if the doctor has prescribed to wrong medicine or gives you the wrong treatment for your ailment which caused a severe reaction.

Elements of Negligence

The following are some of the major elements of negligence.

Breach

The defendant had a duty towards the plaintiff, which he breached by acting negligently. The behavior and actions taken by the medical staff were not up to the standards.

Cause

The claimant has suffered from an injury or loss that could have been prevented if only the doctor or concerned authority had taken up to their duties.

Harm

The sufferer of medical negligence had to suffer further injury and issues due to the false actions of the defendant.

How to Claim for a Negligence of Duty

To file a claim against the medical authority or the concerned paramedic staff, you must hire a negligence lawyer right away. Tell him about all the details of your case, and make sure you have every piece of evidence. Keep your medical bills, reports, and medical prescriptions safe. If you can, do click some pictures of the injuries you have faced because of the negligence. This can help you a great deal in getting the compensation. Just know your time limits for filing the case and it is normally 3 years.

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