The torture of negligence in relation to medical malpractice

Find articles by B. Received Jul 28; Accepted Nov 6.

The torture of negligence in relation to medical malpractice

When doctors fail to provide a proper or accurate diagnosis, medical malpractice law allows patients to receive compensation for any resulting harm. Patients must prove three basic elements to bring a viable medical malpractice claim for misdiagnosis or failure to diagnose: When a doctor examines a patient or provides treatment, a doctor-patient relationship is generally established.

No written contract is necessary. No payment or promise of payment is necessary. Doctors are required to provide reasonably competent care any time they act in their capacity as doctors, including recognizing and properly diagnosing potential health problems.

What Constitutes Negligent Diagnosis? Doctors act negligently when they fail to provide the quality of care that other reasonably competent doctors would have provided under similar circumstances.

In medical malpractice lawsuits, patients have the burden of proving what quality of care other reasonably competent doctors would have provided in similar circumstances. This usually requires expert testimony. The patient usually through a medical malpractice attorney hires a doctor that has experience with the type of medical problem at issue in the case.

The doctor provides an opinion regarding what a reasonably competent doctor would have done under the circumstances. Generally, when an improper diagnosis is involved, the expert will opine about the "differential diagnosis" that a reasonably competent doctor would have conducted.

The doctor then conducts tests on the patient, ruling out various possibilities until a definitive diagnosis can be determined. Once a patient proves the medical standard of care that a reasonably competent doctor would have achieved, the patient must prove that their doctor failed to achieve that standard.

Doctors might fail to achieve the standard of care in any of the following ways when it comes to a diagnosis: A doctor might fail to include an important potential medical problem on the initial differential diagnosis list.

The torture of negligence in relation to medical malpractice

A doctor might improperly conduct or interpret a test that could cause a mistake in narrowing down the possibilities. A doctor might fail to recognize the urgency of one of the possible medical problems, delaying the diagnosis. Note that in this case, the nurse or the hospital would likely be liable for the misdiagnosis.

Whether doctors made one of these mistakes or some other error, in order to prove negligence, patients must first prove the standard of care that reasonably competent doctors would have provided under similar circumstances. Second, patients must prove that the conduct of their doctors failed to meet that standard of care.

Did the Diagnostic Error Cause Harm? The critical issue is whether harm was caused by the error in diagnosis. It is insufficient to merely show that harm occurred after a doctor was negligent. For example, assume that a patient visits a doctor complaining of headaches. The doctor diagnoses the patient with a minor problem when, in reality, brain cancer was causing the headaches.

Medical Malpractice: Misdiagnosis and Failure to Diagnose -

After two months, the patient dies from the cancer. Assume further that even if the doctor had immediately found the cancer, the patient would have died at approximately the same time because no effective treatment has been found for that type of cancer under current accepted medical practices.

In this scenario, the doctor would not be liable for malpractice. The death would have occurred even if the doctor had found the cancer immediately.California limits the amount attorneys in a medical malpractice case can collect pursuant to a contingent fee arrangement to 40 percent of the first $50,, 33 1/3 percent of the next $50,, 25 percent of the next $,, and 15 percent of any amount that exceeds $, While medical malpractice is more often than not attributable to physicians, surgeons, and even pathologists, it is also commonly seen that medical malpractice arising out of nursing negligence happens in the best of hospitals and clinics from time to time.

Malpractice is a type of negligence; it is often called "professional negligence". It occurs when a licensed professional (like a doctor, lawyer or accountant) fails to provide services as per the standards set by the governing body ("standard of care"), subsequently causing harm to the plaintiff.

Contributory or Comparative Negligence

Jan 24,  · As such, if we can agree a central purpose of a malpractice system is to compensate victims of negligence, we can also agree caps, which discourage litigation across the board, and not just the frivolous cases, undermine that purpose.

Many medical injuries caused by the negligence of a physician, all of which are theoretically compensable under malpractice law, do not result in claims. 5,6 The same or similar studies have also. the effect of doctor-patient relations on medical patient perceptions and malpractice intentions The most effective method for identifying causal relationships is an experimental design in which participants are randomly assigned to systematically controlled conditions.

In the only experimental.

Medical Negligence: The 4 Elements & What They Mean for a Court Case