The difference between negligence and “bad” treatment

by | Dec 23, 2019 | Medical Malpractice

Most patients fear the worst outcomes when they enter the hospital, and their only saviors are the medical staff. They rely on nurses, doctors and other professionals to diagnose and treat their patients with care and compassion.

However, some medical staff doesn’t meet the patient’s expectations for treatment. But when is bad treatment classified as a negligent treatment?

The legal intricacies of medical negligence

Medical negligence is a branch of medical malpractice where a doctor or healthcare professional causes injury or death of a patient through a negligent act or omission of diagnosis or treatment. Negligence may happen through several stages of the treatment process, including:

  • Diagnosis
  • Treatment in an emergency room
  • Administration of medication
  • Surgery
  • Test and interpretation of lab results
  • Aftercare
  • Health management

All these stages are crucial for a patient’s wellbeing, so if a doctor chooses to take shortcuts or perform their jobs incorrectly, it’s the patient that suffers the most.

It’s important to note that not all mistakes are medical negligence; it only applies when you can prove three standards in a malpractice claim.

First, you must show the healthcare professionals violated standards of care during your treatment. Second, you have to show that violation caused your injury. Finally, you need to prove there were significant consequences due to that violation.

It’s incredibly challenging to prove medical negligence in court due to the high standards set up by New Mexico’s laws. Luckily, there are ways to fight for your rights in court to proper and quality medical treatment.