Medical negligence occurs if the result of the autopsy reveals that an aneurysm could have been easily detected as well as whether a certain test had been carried out given the symptoms that the deceased had. There would also be negligence if the necessary diagnostic tests had been carried out that clearly revealed the existence of the aneurysm resulting in death and that could have been treated at the time of its detection. Yet such results were ignored because they were possibly interpreted wrongly, or they were simply not consulted.
The Negligence
In such cases, there is negligence because either the necessary means were not used (the appropriate diagnostic tests were not carried out for the symptoms that presented/displayed), or there was a diagnostic error (the results of the tests were interpreted incorrectly), or the results of these diagnostic tests were simply not even looked at. Therefore, they were not taken into account. However, in the other case in which medical negligence is not appreciated, the result of the autopsy would reveal that the aneurysm that caused the subsequent death of the subject was undetectable.
Third Parties
Ignore those non-lawyers who will tell you that they know a similar case that is negligence and that they will surely win if they sue. If you do not want to have a hard time trusting third parties, the advice is that you should always consult a professional who offers malpractice lawyer services and who will give you reliable and appropriate advice for the specific case.
Healthcare Professionals and Their Obligations
Note that the obligation of healthcare professionals is an obligation of means, and not of results. Each person is different and their body responds in a variable way to the different treatments, in such a way that two apparently identical cases can never be comparable. A medical professional is not obliged to cure a patient but is obliged to put the necessary means for it, both for diagnosis and recovery, always within the advances of science that exist and with the limitations that this implies.
Types of Liability Required
When they tell you to “report”, you have to know that the complaint refers exclusively to criminal proceedings. This is reserved for the most serious cases of negligence is usually directed against a specific professional, and a criminal conviction can lead to disqualification from the profession. The relatives or the patient will be compensated, if there is a conviction, by way of civil liability derived from the crime. Since criminal proceedings are reserved for the most serious cases. It is also the most difficult to succeed, although not impossible. If this path is not successful, the others always remain open.
Let A Lawyer Advise You
If it is a question of public health in which case, you can administratively claim for the malfunction of the service and receive compensation from it. In the case of private healthcare, you may file a civil claim that you must direct both against the specific professional and against the medical center through which the service was provided. In any case, your clinical negligence solicitor will be the one who, after studying the matter, will advise you on the different options and the most appropriate route.
