It wasn’t so much the blame that prompted me to action, it was the accusation that I was attempting to claim an injury that had nothing to do with them, which was not true. I decided in the end not to take any compensation for the injury, including personal costs that came with treating it. I could have, but I didn’t. I needed medical treatment most of all and the company had a physical therapist on board to help me gain strength back in my wrists, I had to see a nurse during my shift to ice the swelling and I was taken off of my regular duties and put on lighter duties, which required more training.

In retrospect it would have been better to file an accident claim, as well as to receive compensation because in the end, the company gave me a negative review on my permanent file as a result of the incident, although I had personally done nothing wrong.

The plaintiff is the patient or someone representing the patient on his or her behalf such as in a wrongful death suit. The defendant against the claim is the health care provider, usually the physician. In order for a plaintiff to successfully make a medical malpractice claim, a plaintiff has to establish all four elements of negligence. These four elements are a duty was owed, a duty was breached, the breach caused an injury, and damages. After proving these four elements, the plaintiff may be awarded a compensation claim. It seems that medical negligence and malpractice claims are becoming a more frequent occurrence, but reformations are being made to help deal with and reduce these incidents.