[7] 21 - Medical Negligence

Medical negligence is generally a failure to adequately or effectively treat a patient in a manner which is objectively incorrect based on medical care practices, and which results in harm.

The crime of Medical Negligence requires all of the following to be present:

• The provider was aware of the patient's need to be treated.
• The provider had a duty or obligation to treat the patient. (e.g. Medical employees and emergency/first responders).
• The healthcare provider failed to provide adequate medical care within their scope of practice that is consistent with their education and/or best practices equivalent to a reasonable medical employee of same education and certification level.
• The patient was harmed as a direct result of the negligence.