What is NOT “Medical Negligence”


Sometimes tragedies happen. Patient is lost during medical treatment. The relatives often feel hurt and they see “Medical Negligence”.

I read such stories in this way… a) Relatives and doctors fought a battle which was lost. That by itself does not amount to medical negligence.

b) There may be Errors of Judgement. Whether at one point, treatment A should be given or treatment B treatment should be given… These errors of judgements are not medical negligence….

C) Change of machines during treatment, accidental malfunctioning of some equipment, does not by itself prove anything unless it is proved that machines were tempered to hide something…or they were not maintained properly…

D) To do or not to do some extra medical tests, extra tests, now or later is also an error of judgement. By itself, it does not prove medical negligence….Of course, if standard tests are not done, it may amount to negligence…

D) To prove medical negligence you have to prove

1) The doctor was not qualified to do the job he was doing

2) He followed a treatment path which other similarly situated doctors do not follow…

3) He did not follow standard protocol of treatment which other doctors in profession follow

4) There was some act done in such reckless manner that no doctors in the field can even think of…

5) In other words, you have to compare treatment given with standards of treatment followed in medical profession…. Errors of judgement and errors of diagnosis are not considered medical negligence….

6)This is of course my personal opinion based on general reading of such posts…. My purpose is only to explain you some general concepts of medical negligence . You must however go only as per advice of your lawyer. 🍁