MEDICAL NEGLIGIENCE
Is when a doctor fails in offer the “duty of care” that means that the doctor didn’t have enough care in treating the patient, with drugs prescriptions, didn’t perform surgery at the right moment, failure to recognize a symptom, failure to act, failure to diagnose. All this cases are medical negligence; the doctor will be the principal responsible of any harm the patient suffers. If the negligence occurred in a surgery the culpability could be pointed to the anesthesiologist, the doctor’s assistant, nurses.
After the harm was done to the patient the first step is to contact a lawyer and elaborate a list of the patient’s harms, with the medical history as a backup and a very detail file about the negligence that the doctor incurred.
MEDICAL MALPRACTICE
There are many cases in which a doctor can incur in medical malpractice, such as misdiagnose or the failure to diagnose a disease, or delayed medical treatment. Doctors must meet a general level of medical standards, if they don’t meet those standards they incur in Medical Malpractice.
MISDIAGNOSE
This is a very serious theme, if a doctor incur in a medical misdiagnose it could lead to a permanent injury in the patient or it could even lead to the patient’s dead. Some doctors try to protect themselves by making the patient sign a release where it’s implied that the doctor is not responsible for the outcome of the surgery, and that the patient understands that by signing the release. If you are having any type of surgery or medical treatment, “never” sign this type of release.
Misdiagnose happens in two forms:
Delayed diagnose. - That means the doctor didn’t act on time with the patient treatment and that had consequences with the patient’s health.
Failure to diagnose. - Is when a Doctor overlooked or ignored the patient symptoms, if this were suppose to be detected by a doctor acting with “duty of care” If the symptoms were not easy recognizable, for example a rare type of disease that most doctors could have not recognize in a patient, this doctor will not be charged.
Who is responsible for a medical malpractice?
A medical malpractice is difficult to probe and also to determine who is responsible, the most common suspects are, the doctor, doctor assistance, nurses, physicians, hospitals, anesthesiologists, pharmaceuticals companies. All this persons could be found guilty of medical malpractice.
The way to settle a medical malpractice between the victim and the plaintiff is by monetary compensation in damages and medical expenses; it has to be considered the pain suffered by
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