When Do Doctors Commit Medical Malpractice?

Medical malpractice, or a breach of duty that causes injury, could occur at any point during the doctor-patient relationship. California law holds doctors to a higher standard. Most patients depend entirely on their doctors for all their healthcare needs. Since the doctor has all the power in the doctor-patient relationship, only a fiduciary duty, or a responsibility to always do what’s best for patients, adequately protects patients.

The higher duty of care makes it easier for a San Marcos personal injury lawyer to prove negligence, or a lack of care. Doctors have a very small margin of error before, during, and after they treat their patients. Furthermore, the bigger they are, the harder they fall. The higher duty of care also means that a San Marcos personal injury lawyer can obtain additional compensation in most of these cases.

Pre-Treatment Medical Malpractice

The aforementioned fiduciary duty kicks in the moment a doctor says hello to a new patient, because that’s when the aforementioned complete dependence begins.

Misdiagnosis, which is often related to a lack of communication, may be the most common kind of pre-treatment medical malpractice. Commonly misdiagnosed conditions include:

• Cancer: Most doctors use lifestyle and genetic markers in potential cancer cases (e.g. smokers get lung cancer and people with a relevant family history get liver cancer). As a result, doctors often misdiagnose cancer cases, especially environmental or occupational cancer.
• Heart Attacks: Similarly, many doctors use signature symptoms to diagnose conditions. Many patients don’t have signature symptoms. For example, many female heart attack victims don’t have severe chest pain.

Making matters worse, many doctors don’t perform a full array of diagnostic tests. They’re usually afraid the insurance company won’t pay for them.

As mentioned, a lack of communication is often the root of misdiagnosis issues. On average, doctors listen to their patients for about ten seconds before they interrupt or redirect them. No one can obtain any meaningful information in such a short period of time.

Negligence During Medical Procedures

Rushed appointments lead to communication problems before treatment. Similarly, many doctors are in such a hurry during medical procedures that they don’t take proper precautions. That’s especially true in emergency treatment situations.

Lack of communication leads to errors like RSI (retained surgical instruments). Doctors leave sponges and other surgical instruments inside patients. A simple before-and-after instrument count would practically eliminate RSI injuries. But many doctors are in such a hurry that they don’t observe this simple rule.

On a related note, negligent doctors often blame other professionals, such as nurses and patient care technicians, for their mistakes. This approach may work in criminal court. But in civil court, a San Marcos personal injury lawyer holds doctors responsible for the actions, or inactions, of their subordinates.

Post-Procedure Neglect

Hospitals are breeding grounds for bacteria. As a result, events in the recovery room, not the operating room, may be the most dangerous moments for patients. Weak patients are very vulnerable to bacterial infections. These infections often begin innocuously and worsen rapidly.

Many surgical teams let their guard down after patients undergo procedures. That slight lapse of oversight often causes serious injuries.

Compensation in a medical malpractice case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are usually available in these claims as well. A large punitive damages award convinces negligent doctors to change the way they approach patient care.

Connect With a Diligent 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. We routinely handle matters throughout SoCal.

Source:

law.cornell.edu/wex/fiduciary_duty