when doctor fails and lawyer fails with medical injury

When are doctors negligent by failing to treat medical conditions?

The most common way in which doctors are negligent by failing to treat a medical condition is when they "dismiss" the presenting symptoms as temporary, minor, or otherwise not worthy of treatment. This situation may result in a worsening of the underlying condition or injury, causing further harm or injury.

Can a doctor fail to treat a patient correctly?

However, a doctor who has correctly diagnosed a disease or condition may nonetheless fail to properly treat it. Other times, negligence is the result of a doctor attempting a "novel" treatment that fails, when in fact a more conventional treatment would have been successful.

When does a doctor fail to perform his duty?

In keeping with our car accident analogy, if a doctor provides treatment that is sub-standard in terms of accepted medical norms under the circumstances, then that doctor has failed to perform his or her duty, and is said to be negligent. (See examples of medical negligence .)

Can the largest plaintiff’s law firm take on a medical malpractice case?

As the largest plaintiffs’ law firm in America, we have the resources to take on virtually any medical malpractice case. Over the past few decades, we’ve recovered favorable verdicts and settlements time and again for our clients. We may be able to help you, too. Read on to find out how. What Is Medical Malpractice?

What kind of mistakes can result in medical malpractice?

Misdiagnosis or Delayed Diagnosis. Misdiagnosis and delayed diagnosis account for a large percentage of medical malpractice claims. ... Medication Errors. Medication errors harm thousands of people in the United States every year. ... Childbirth Injuries. ... Surgical Mistakes. ... Anesthesia Errors. ... Talk to a Medical Malpractice Lawyer.

Are doctors liable for mistakes?

Doctor Liability The doctor is liable when he or she does anything during surgery or immediate post-operative care that causes you harm. You will take legal action against the doctor responsible for his or her errors.

What is negligence in the medical field?

Medical negligence, or medical malpractice, occurs when a doctor fails to meet the required professional standard of care and his or her negligence causes patient harm. Like all lawsuits, filing a medical malpractice claim requires proving a specific set of legal requirements.

Whats the difference between malpractice and negligence?

When a medical provider's actions or inactions fail to meet the medical standard of care, their behavior constitutes medical negligence. If their medical negligence causes their patient to suffer an injury, it becomes medical malpractice.

Who is responsible for medical errors?

While both patients and medical providers should be involved in error prevention, the majority of the responsibility must lie with the care provider. After all, if you're under anesthesia, there isn't a whole lot you have control over.

What are the most common medical malpractice claims?

In no particular order, the following are types of the most common medical malpractice claims:Misdiagnosis or delayed diagnosis.Failure to treat.Prescription drug errors.Surgical or procedural errors.Childbirth injuries.

What are the 4 types of negligence in healthcare?

These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause. If you suffered serious injuries due to a doctor or other healthcare professional's negligence, you could be entitled to compensation for your losses.

How successful are medical negligence claims?

It is authoritatively shown that around 10 to 11 % of hospital admissions each year end in an 'adverse outcome' due to a medical incident.

What are the two types of medical negligence?

Six Common Types of Medical MalpracticeMisdiagnoses. Misdiagnoses are among the most common types of medical negligence in malpractice claims. ... Delayed Diagnoses. ... Negligent Failure to Treat. ... Surgical Malpractice. ... Birth Injuries. ... Defective Medical Devices. ... Do You Need a Malpractice Lawyer?

What are the 4 elements that must be proved for a claim of professional negligence to be upheld?

In order to establish negligence, you must be able to prove four “elements”: a duty, a breach of that duty, causation and damages.

Which is worse malpractice or negligence?

Negligence also can result in injury when a medical professional is not aware their actions will cause harm. Malpractice, however, asserts that the medical professional took action or failed to take action with the knowledge that the decision could lead to the patient suffering harm.

What are the 3 types of malpractice?

There are three common types of medical malpractice lawsuits – failure to make the correct diagnosis, birth injuries and medication errors. In this blog, we discuss these medical errors in order to help you determine whether you have suffered an injury as a result of medical negligence.

What is the legal claim for failure to diagnose a patient?

In order to have a viable legal claim, it must be established that a doctor’s failure to diagnose a patient constituted medical malpractice. This means proving that the doctor’s treatment and diagnostic process was negligent in some fashion. If it cannot be shown that the doctor acted negligently in treating and diagnosing a patient, then even though the failure-to-diagnose may have resulted in a tragic outcome, the doctor does not have legal liability to the patient or his or family.

What is failure to diagnose?

What Is a Failure-to-Diagnose? A failure-to-diagnose case occurs when a doctor’s treatment of a patient fails to meet the standard of care applicable to doctors in similar circumstances, which causes the doctor to incorrectly diagnose a patient’s condition or as a result of a delay in diagnosing the correct condition.

What is direct causation?

Direct causation involves proving that the patient’s injury would not have occurred “but for” the doctor’s failure to diagnose the patient’s condition correctly or more timely. Proximate causation involves proving that there was not another superseding, intervening cause that was more responsible for the patient’s injury.

What is breach of duty?

Breach: Breach of the duty or standard of care requires proving that the doctor did not act as a reasonable doctor would have under similar circumstances. Causation: Even if a doctor breached the standard of care, negligence also requires proving that the breach directly and proximately caused the patient’s injury. ...

What is the standard of care in medical malpractice?

Duty: Also known as the standard of care, duty in the medical malpractice context typically involves defining what a reasonable doctor would have done under similar circumstances.

What is duty in medical malpractice?

Duty: Also known as the standard of care, duty in the medical malpractice context typically involves defining what a reasonable doctor would have done under similar circumstances. As for failure-to-diagnose claims, this often involves asking whether another reasonable physician would have, for example, ordered a certain test, would have interpreted the patient’s test results differently leading to the correct diagnosis, or would have included certain conditions in the differential diagnosis

Can a failure to diagnose be a legal claim?

A failure-to-diagnose might not give rise to a legal claim if the doctor performed according to the applicable standard of care. Unfortunately, some conditions are difficult to diagnose and even the best physicians in the world would also fail to diagnose the patient under similar circumstances. Determining Whether a Failure-to-Diagnose Constitutes ...

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Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What is medical negligence?

An act or omission (failure to act) by a medical professional that deviates from the accepted medical standard of care. While medical negligence is usually the legal concept upon which theses kinds of medical malpractice cases hinge (at least from a " legal fault " perspective), negligence on its own isn't enough to form a valid claim.

What is negligence in a civil case?

Negligence is a common legal theory that comes into play when assessing who is at fault in an injury-related civil case. Think of a driver getting into an accident on the road. In a car accident case where one person caused the crash—by breaching their legal duty to obey traffic laws and drive responsibly under the circumstances—that person may be held responsible for all injuries and other losses (" damages ") suffered by other parties involved in the crash.

What happens if a driver fails to stop at a red light?

If the failure to stop at the red light causes an accident, then the negligent driver is on the financial hook (usually through an insurer) to pay for any damage caused to other drivers, passengers, or pedestrians.

What is the duty of care of a medical professional?

Similar to drivers, doctors and other medical professionals also owe a duty of care to their patients, to provide treatment that is in line with the " medical standard of care ," which is usually defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice.

Is medical negligence a legal claim?

The term "medical negligence" is often used synonymously with " medical malpractice ." Strictly speaking though, medical negligence is only one required legal element of a medical malpractice claim. So, what is medical negligence? Here's one definition:

Is it a medical negligence to run a red light?

It's important to reiterate that medical negligence does not always result in injury to the patient. When a driver runs a red light and no accident occurs, the driver is still negligent, even though no one got hurt. Similarly, a doctor or other health care professional might deviate from the appropriate medical standard of care in treating a patient, but if the patient is not harmed and their health is not impacted, that negligence won't lead to a medical malpractice case. (Learn more about when it's medical malpractice—and when it isn't .)

Did the Treatment Delay Cause Harm to the Patient?

The second main component of your case will be the establishment of quantifiable harm resulting from the health care professional's medical negligence.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What is the delay in diagnosis in medical malpractice?

Proving that a delay in diagnosis lead to additional injury—prolonged treatment and additional pain and suffering that should have been avoided—is necessary to establish a medical malpractice claim. Get more details on proving a medical malpractice case and the damages component of a medical malpractice lawsuit.

What does it mean to be successful in a medical malpractice lawsuit?

When a doctor or other health care professional fails to provide timely care to a patient, a viable medical malpractice case can result, but being successful in this kind of lawsuit means being able to answer "yes" to a few key questions (and it also means backing up those answers with strong evidence).

What are the ways that improper delay in the provision of medical care could result in harm to a patient?

There are a number of different ways that improper delay in the provision of medical care could result in harm to a patient—the delay may have made the patient's condition worse, it may have negated the possibility that certain treatment could be administered, it could have blunted the effectiveness of a certain treatment method, or it could have unnecessarily prolonged or intensified the patient's pain and discomfort.

How to prove medical negligence?

Proving medical negligence usually requires the testimony of a medical expert witness who will establish what the appropriate course of treatment would have been under the circumstances, and then explain how the doctor's conduct fell short of that standard.

What is the medical standard of care?

The medical standard of care is typically defined as the type and degree of care and skill of an average health care provider in the defendant's specialty or area of practice, taking into account the medical knowledge available at the time, and the standards of other professionals in the same (or in a similar) community.

Legal Claims Based on Medical Misdiagnosis

We rely on our doctors to listen to our medical complaints, order the necessary tests and make an accurate diagnosis so that we can seek appropriate treatment in the event of serious illness.

Common Types of Medical Misdiagnosis Claims

Various types of cancers, as well as illnesses involving the heart, are the medical conditions that are the most vulnerable to a delayed or missed diagnosis. Early detection of cancers and heart disease is critically important if the patient is to enjoy a high likelihood of successful treatment.

What is failure to diagnose lawsuit?

Failure to diagnose lawsuits are possible when hospital staff, nurses, doctors and surgeons fail to accurately diagnose a patient or delay diagnostic lab tests that complicate a health condition and results in injury or wrongful death.

What happens if a hospital fails to diagnose cancer?

When a hospital team fails to diagnose cancer, the patient risks the metastasizing of cancer cells, and delays cancer treatment. Such instances will likely lead to complications. Contact a legal professional to investigate a failure to diagnose cancer to weigh your legal options.

Why is it important to diagnose a condition quickly?

It is crucial to correctly diagnose conditions quickly so a medical team can begin the proper treatment as soon as possible. Delay in Diagnosis and failing to diagnose may lead to health complications, the progression of a serious condition, permanent injury and death.

Why do patients rely on hospital staff and doctors?

Patients rely on hospital staff and doctors to make a prompt and accurate diagnosis of medical conditions and order the appropriate treatment. When medical professionals fail to treat patients quickly and properly, injuries and illnesses are likely to advance and worsen, and a Medical Negligence can be filed on behalf of an injured plaintiff.

Why is hospital negligence important?

Hospital negligence plays a huge role in the overall well-being of patients. If hospitals function efficiently and are organized, the medical teams have a better chance to treat patients to the best of their ability.

How many years of litigation has Joseph Lyon been in?

Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against?

When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Medical malpractice lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

What does negligence mean in medical terms?

In general, negligence means not exercising reasonable care, or doing something wrong. In medical malpractice cases, courts often define negligence as a health care provider's failure to exercise the degree of care and skill of the average health care provider who practices the provider's specialty, taking into account the advances in the profession and resources available to the provider.

What is an example of an error in carrying out a patient's treatment?

An example of an error in carrying a patient's treatment would be a surgical mistake such as the surgeon severing a blood vessel.

What is an error in judgment?

An error in judgment is like a mental mistake. This can occur, for example, when the physician thinks about how to treat a patient and then selects the wrong option. An example of an error in judgment could be when the physician diagnoses a disease, but it is the wrong diagnosis.

What is the significance of a finding of gross negligence?

The significance of a finding of gross negligence usually relates to the plaintiff's damages. In states where gross negligence still exists, a plaintiff who proves that the defendant was grossly negligent is generally entitled to additional damages, either punitive damages or what is sometimes called enhanced compensatory damages.

What is a physician's error?

Error. A physician's error can be called a mistake or a fault, or even an oversight or a blunder, but these are all the same thing -- physician negligence. There are two main types of mistakes that a physician can make, an error in judgment or an error in carrying out the treatment (i.e., operational error).

Is a hernia surgery a complication?

Some operations are simply more difficult than others. For example, a hernia surgery is a very common surgery that has a very low rate of complications. It would be very unusual for a surgeon to sever a blood vessel during a hernia surgery. On the other hand, some surgeries are extraordinarily difficult. They are so difficult that they might have a very high complication rate. If, for example, the surgeon was trying to remove a tumor that had wrapped itself around a major blood vessel, that might be an operation that is almost impossible to perform without slicing the blood vessel. In that case, the slicing of the blood vessel would generally be considered to be a foreseeable complication (or an unfortunate accident) and not negligence.

What is a differential diagnosis?

Most doctors are trained to think and act by establishing a "differential diagnosis.". Doing so calls for a doctor to list, in descending order of probability, his or her impressions or "differing" diagnoses of possible causes for a patient's presenting symptoms.

What happens if you don't diagnose a disease?

Medical Misdiagnosis Generally. In most cases, if a delay or failure to diagnose a disease has resulted in injury or disease progression above and beyond that which would have resulted from a timely diagnosis, medical professionals could be held liable.

What happens if a patient is treated for a disease or condition that he or she does not have?

If a patient is treated for a disease or condition that he or she does not have, the treatment or medication itself may cause harm to the patient. This is in addition to the harm caused by the actual condition continuing untreated.

What is the most likely result of misdiagnosis?

Erroneous treatment is most likely to occur as a result of a misdiagnosis. However, a doctor who has correctly diagnosed a disease or condition may nonetheless fail to properly treat it. Other times, negligence is the result of a doctor attempting a "novel" treatment that fails, when in fact a more conventional treatment would have been successful.

How do doctors fail to treat a medical condition?

The most common way in which doctors are negligent by failing to treat a medical condition is when they "dismiss" the presenting symptoms as temporary, minor, or otherwise not worthy of treatment. This situation may result in a worsening of the underlying condition or injury, causing further harm or injury.

Can doctors make mistakes?

We all tend to trust our doctors. After all, they’re the experts. Even though we have some of the best doctors in the world, even they can make a mistake. And these mistakes can be a lack of treatment or the wrong treatment . These can be confusing concepts, so here is a brief overview on failed or erroneous diagnoses and treatments in medical malpractice cases.

Is it bad to have an injury?

Having an illness or injury is bad enough, without thinking our doctors made it worse. And it’s not always easy to know whether the professionals in charge of your medical care acted properly. If you would like to know more about your claim, you can contact an experienced medical malpractice attorney.

What are the types of anesthesia errors?

Anesthesia Errors There are multiple types of anesthesia with distinct purposes: - General: In general anesthesia, the patient is unconscious and unaware of sensations. They don’t feel any pain or remember the procedure afterward. - Regional: Regional anesthesia numbs a specific part of the body, such as an arm or leg. - Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness. This occurs when a patient regains consciousness during surgery. If anesthesia is used incorrectly and a patient is injured as a result, the negligent medical professional may be liable for the resulting damages. Some examples of negligence by an anesthesiologist include: - Administering the wrong type of dose of anesthesia - Administering anesthesia too late - Failing to put a patient under anesthesia - Failing to properly manage the administration of medications and fluids Birth Injury The birth of a child should be a joyous occasion. Unfortunately, that’s not always how it turns out. That’s because sometimes doctors fail to provide a safe childbirth process. The end result may be a debilitating birth injury such as cerebral palsy, Erb’s palsy, or brachial plexus palsy. Birth injuries can occur for a variety of reasons, but they tend to have one thing in common: They could have been prevented with reasonable medical care. Common causes of birth injuries include: - Excessive Force: If a doctor exerts too much force on a newborn baby’s neck or limb when using forceps or during vacuum extraction, it can lead to nerve damage. - Delayed C-Section: Failure to perform a C-section in a timely manner can result in injury or death to the child. - Oxygen Deprivation: Various complications can deprive a newborn of oxygen. If, for example, the umbilical cord wraps around the baby’s neck, it can lead to cognitive delay or brain damage. - Failure to Monitor: If the doctor neglects to monitor the mother and baby’s condition throughout, problems such as placenta previa or a ruptured uterus can occur. Emergency Room Errors Emergency rooms are hectic, but medical professionals are trained to manage difficult situations and must uphold a high standard of care no matter what. Negligence on the part of a doctor, nurse, or other staff member can lead to serious, debilitating injuries. Examples of emergency room negligence include: - Misreading charts, x-rays, or MRIs - Failing to diagnose a condition - Making an incorrect or delayed diagnosis - Making medication errors - Failing to recognize or treat postoperative infections - Neglecting to monitor a patient post-treatment Hospital Malpractice In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education. If a hospital hires an incompetent or underqualified staff member, it may be liable for any injuries caused by that employee. Hospitals are also responsible for appropriately staffing the hospital so that patients receive proper care and employees aren’t asked to do more than can be reasonably expected. They’re also charged with keeping track of patient records. Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place. However, vicarious liability does not cover the actions of independent contractors. Many doctors are not hospital employees, but rather are employed on a freelance basis while they run their own private practices. (If, however, the hospital hires a contractor without the requisite experience or credentials, the hospital may be liable for any resulting injuries.) Medical Device Errors Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings. Misdiagnosis or Delayed Diagnosis A misdiagnosis can have devastating effects for a patient. They may suffer debilitating pain, lasting physical impairments, and even death due to lack of appropriate treatment. They may also endure severe side effects from receiving treatment for the wrong condition. A delayed diagnosis can have similar outcomes, particularly as the condition progresses. Whether a patient is misdiagnosed or their condition is diagnosed too late, they’ll need to demonstrate negligence on the part of their doctor. For example: - Failure to listen: It’s the doctor’s responsibility to listen and examine the symptoms the patient is describing. - Failure to recognize key symptoms: Healthcare professionals are trained to make diagnoses based on their patients’ symptoms. Failure to make a diagnosis, despite symptoms that indicate a particular illness, may constitute medical malpractice. - Failure to examine a patient’s medical history: Physicians must examine their patients’ personal and family medical histories. An illness can worsen that otherwise would have been easily identifiable. - Ordering an improper test: If a doctor orders incorrect tests based on the symptoms described to them, they may be liable for any ensuing injuries. - Failing to order tests: A doctor can be found negligent for failing to order standard tests after observing certain symptoms. - Failing to interpret test results correctly: Medical professionals are responsible for interpreting test results correctly. Postoperative Negligence Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice. Some of the common infections, illnesses, and other conditions that arise from postoperative negligence include: Sepsis Viral infections Internal bleeding Necrotizing fasciitis Infections at the site of surgery Tissue necrosis Organ perforation Urinary tract infection (UTI) Staph infection Methicillin-resistant Staphylococcus Aureus (MRSA) Bloodstream infections Blood clots or pulmonary embolism Respiratory infections such as pneumonia Peritonitis Other Examples of Malpractice The above is not an exhaustive list. There are many other examples of medical malpractice, including: Neglecting a patient Refusing to offer proper treatment Failing to refer a patient to a specialist if their physician is providing inadequate care Performing nonconsensual surgery Failing to adhere to hospital protocols Administering drugs that interact negatively with one another Giving a drug to a patient who is allergic Neglecting to monitor or act upon changes in vital signs Failing to intubate Neglecting to inform the patient of instructions regarding a procedure

What are the damages for a patient who has passed away?

An injured patient or the family of a patient who has passed may be awarded damages for the harm caused by a negligent medical professional, hospital, or other party. These damages are intended to compensate the victim for losses they’ve suffered, and may include: Medical expenses: - Medical expenses may cover hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices, and other past and future costs associated with your injury. - Lost Wages and Loss of Earning Capacity: If you’re forced to take time away from work to recover from your injury, you may be eligible to collect compensation for lost wages. If you’re unable to earn the same amount of money as you did prior to your injury, you may be awarded compensation for diminished earning capacity. - Pain and Suffering: Pain and suffering damages are designed to compensate the victim for physical pain caused by their injury, as well as emotional distress (e.g., anxiety, fear, depression, and other mental suffering). - Loss of Consortium: Surviving family members may be awarded compensation for the loss of aid, companionship, and other benefits of a family relationship. - Other Damages: You may be awarded other various damages including loss of life’s enjoyment, disfigurement, and punitive damages (intended to punish severe negligence or recklessness).

What are some examples of negligence by an anesthesiologist?

Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.

What is local anesthesia?

Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness.

What is post operative care?

Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice.

What is medical malpractice?

Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.

What is the Causation of Duty?

Causation: The patient must prove that the breach of duty was directly responsible for their injury. Damages: The injury must have caused economic or non-economic damages. For example, the patient may have incurred additional medical bills or endured emotional suffering.

How to win a medical malpractice lawsuit?

In order to win a medical malpractice lawsuit, the patient must prove that the doctor's negligence caused foreseeable harm. This harm can take many forms, including: 1 pain and suffering 2 cost of additional treatment 3 loss of earning capacity, and 4 loss of the ability to enjoy life

What is a doctor liable for?

Proving Malpractice. A doctor can be liable for medical malpractice when he or she fails to provide treatment that meets the applicable standard or care, and the patient is harmed as a result of that failure.

What happens when a doctor transfers a patient to a second doctor?

If a doctor transfers a patient to the care of a second doctor, the second doctor may not be familiar with crucial details of a patient's care.

What is abandonment in emergency situations?

Abandonment in Emergency Situations. If a patient arrives at a hospital in the midst of an emergency health issue, federal law requires the hospital to treat the patient, regardless of the patient's ability to pay and other factors such as the patient's citizenship or immigration status.

Why should a doctor not be liable for abandoning a patient?

In some cases, doctors have argued that they should not be held liable for abandoning a patient because there was no intent to abandon. This argument has failed almost without exception because a doctor has a duty to continue treatment of a patient until the patient is properly released. The only difference between an intentional and an inadvertent abandonment case is that punitive damages might be available in a case where there is evidence of an intent to cause harm.

What is medical standard of care?

The "medical standard of care" is a legal concept that refers to the type and amount of care that a similarly-skilled and trained doctor would have provided under the circumstances. In abandonment cases, standard of care basically boils down to the question, "Would a reasonable doctor have terminated the doctor-patient relationship at ...

What is the case of P.C. v. Ball?

For example, in a 1989 case in Iowa called Surgical Consultants, P.C. v. Ball, a patient had gastric bypass surgery and suffered abscesses afterwards. She sought treatment from the operating physician, who saw her 11 times post-surgery but then refused to continue seeing her because she had not paid her bill.

What Is A Failure-To-Diagnose?

Determining Whether A Failure-To-Diagnose Constitutes Malpractice

• In order to have a viable legal claim, it must be established that a doctor’s failure to diagnose a patient constituted medical malpractice. This means proving that the doctor’s treatment and diagnostic process was negligent in some fashion. If it cannot be shown that the doctor acted negligently in treating and diagnosing a patient, then even thou...

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