Before, During, and After Medical Malpractice Injuries
Most patients completely rely on most doctors for all healthcare information and needs. Because of this high dependence, doctors have a fiduciary duty. They must set aside all other priorities and only do what’s best for their patients, no matter how long it takes or how expensive it is. The duty is comprehensive. For example, for a surgery patient, the doctor’s fiduciary duty begins at the first consultation and ends upon release from the hospital. More on that below.
The bigger they are, the harder they fall. The higher duty of care makes it easier for a Carlsbad personal injury lawyer to prove negligence, or a lack of care. Compensation in a medical negligence case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Once again because of the high duty of care, additional punitive damages are usually available in these claims as well.
Before
Misdiagnosis is perhaps the most common “before” medical negligence. Doctors misdiagnose up to 20 percent of their patients. 80 percent is a passing grade in high school, but it’s a failing grade for doctors. Common misdiagnosis instances include:
- Cancer: When initial cancer symptoms appear, such as pain and weight loss, most doctors don’t even order tests unless the patient has a lifestyle or genetic marker. Cancer survival rates have improved significantly since the 1990s. However, if the early treatment window closes, the patient’s outlook is usually very grim.
- Head Injuries: Initial accident-related head injury symptoms usually include confusion and soreness. These same symptoms make accident shock, a temporary condition which goes away on its own. Therefore, many doctors assume a head injury is accident shock, and many patients go home with undiagnosed brain injuries.
- Cardiovascular Conditions: Some heart attack victims, such as some women, don’t have signature symptoms, such as intense chest pain. So, a doctor might think a heart attack is gas pain. Following a familiar theme, many doctors believe that strokes are age-related conditions. So, if the victim is under 60, the doctor immediately assumes the problem lies elsewhere.
The failure to run expensive tests, and/or the failure to properly interpret test results, is the common thread that runs through these misdiagnosis situations.
During
Anesthesiologist errors, surgical mistakes, and birth injuries are the most common “during” medical malpractice injuries.
If the anesthesiologist administers too many drugs, the patient doesn’t wake up. Not enough, and the patient wakes up during the procedure. Strong anaphylactic allergic reactions are a potential problem as well.
Similarly, surgical mistakes are often related to instrument temperature. The medical staff superheats instruments to sterilize them. Too hot, and they burn the patient. Not hot enough, and bacterial infections take root.
Birth injuries usually involve the reckless use of dangerous birth assistance devices, like forceps and vacuum extractors.
After
We mentioned bacterial infections above. Infections that take root during surgery often fully develop during recovery, when the surgical team lets its guard down. Without supreme diligence, infractions spread quickly and are life threatening.
Money matters sometimes affect “after” medical negligence as well, especially in NICU cases. Neonatal Intensive Care Units are very expensive. Therefore, many doctors release babies before they’re medically ready to go home. That’s especially true if the family pressures the doctor to release the baby, so the family can go home together.
Count on a Detail-Oriented San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
law.cornell.edu/wex/fiduciary_duty
