The failure to diagnose a patient's medical condition is one of the main causes of negligence lawsuits. A negligence lawsuit is something that doctors fear, but one that most will experience throughout their careers. One of the most common reasons for filing a medical malpractice lawsuit is diagnostic errors, such as misdiagnosis and delayed diagnosis. For example, delays in diagnosing certain types of cancer may allow malignancy to advance and be more difficult to contain.
Negligence claims should be handled by experienced lawyers who also understand medicine and can assess whether a medical error rises to the level of negligence. One of the most common reasons for a medical malpractice lawsuit is a misdiagnosis or a late diagnosis. While they sound similar, each one has unique differences. A misdiagnosis occurs when a doctor clearly misdiagnoses a patient.
That patient may never know the true diagnosis or may be treated for the wrong condition. Later, a new doctor makes the correct diagnosis, but it's often too late. The NIH defines medical negligence as “any act or omission of a physician during the treatment of a patient that deviates from accepted standards of practice in the medical community and causes injury to the patient.” Not only were the warning signs evident on his first X-ray, but after filing a lawsuit, the hospital is alleged to have returned and amended his electronic history to falsely prove that he had been advised to return for further tests. Unfortunately, medication errors are a pervasive type of medical negligence that can occur at any stage of treatment.
All of these communication elements are important to improve patient satisfaction and minimize the desire to resolve problems through contentious lawsuits. When those rules are violated and the patient is injured, a case of medical malpractice may arise. The patient who is angry with his doctor, because of the care he or does not receive or because of the outcome of the care is a demand about to be celebrated. In other words, testing for malpractice is complicated, especially when it comes to a failed diagnosis or a late diagnosis.
Lack of treatment is a type of medical negligence involving a negligent lack of patient care. Many patients receive local or general anesthesia before undergoing surgery, and anesthesia errors are a common type of surgical error. In some areas, the cost of malpractice insurance is prohibitive, causing doctors to stop taking medications. Patients were more likely to sue when they believed there was a “concealment of information” or when they wanted more information and the only way to obtain it was to file a lawsuit.
Medical negligence occurs when a doctor, hospital, or other healthcare provider harms a patient by not following the recognized standard of care. There are potentially many forms of medical malpractice and any medical professional or institution can be sued for negligence. Patients have options for recovery after suffering a malpractice, including filing a negligence claim against the doctor, hospital, or other health professional who injures them or causes the death of a loved one.
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