Medical malpractice case requires that the doctor owed a legal duty to the patient, and the level of care under the circumstances led to the doctor’s alleged negligence in healthcare. To prove that a doctor owed a legal duty of patient care, the patient must first be able to demonstrate that a doctor-patient relationship existed at the time the alleged medical malpractice occurred. In treating a patient, a doctor must have a skill of average healthcare provider who practices the similar specialty. In this blog you will learn about medical malpractice lawsuit, specifically 6 more frequent patient allegations in the medical malpractice claims.
The medical standard of care is also said to act as the first element of a medical malpractice claim. Once the appropriate standard of care is established, the defendant’s (doctor) failure to provide standard of care that in turn resulting in injury to the plaintiff (patient) are the next elements that has to be established in a successful medical malpractice lawsuit or claim.
The information presented below has been gathered from two thoroughly performed research studies by The Doctors Company and Cooperative of American Physicians. Together, these studies evaluated 484 claims against hospitalists that closed.
This is one of the 5 blog posts on how to avoid medical malpractice lawsuit or claims. In this series, the next blog posts discuss the risk mitigation strategies for physicians to avoid having a medical malpractice lawsuit, top 6 circumstances contributing to patient injury, medical malpractice lawsuit – 6 most common medical malpractice claims, along with the severity scale for patient injury.
(1) Wrong/Delay/Failure to Diagnose
These allegations arose when the patient’s condition was wrongly diagnosed – there was a delay or failure to diagnosis, which was detrimental to the patient’s health. The conditions that frequently involved failure to diagnose or delayed diagnosis include:
(2) Improper Management of Treatment
This allegation is associated with decisions about the patient’s care after diagnosis. Examples include improper treatment of the following conditions:
In some of these cases, the patient was not evaluated or managed for a specific period of time that experts considered excessive.
(3) Medication-Related Error
This allegation was brought out in a number of such situations:
In some cases, multiple system failures led to an injury or death.
(4) Unwarranted Management or Delay in Medication or Treatment Procedure
Examples of unwarranted performance allegations include:
(5) Inadequate Treatment
(6) Inadequate Monitoring of Patients Physiologic Status
Although most of the content presented in this blog post seems pretty basic, the goal of this blog post is to highlight the importance of topics that often fall through the cracks, and eventually get physicians and patients in trouble. I hope that you picked up at least a few key points from this article (medical malpractice lawsuit – 6 most common medical malpractice claims), to include them in your practice. Practice thoroughly, keep your patient safe, and you stay safe!
In addition to the this blog post (Medical Malpractice Lawsuit – 6 Most Common Medical Malpractice Claims), please also read the rest of the blog articles in the same series: 10 Best Risk Mitigation Strategies for Physicians to Avoid Having a Medical Malpractice Lawsuit, Top 6 Circumstances Contributing to Patient Injury, Medical Malpractice Lawsuit – 6 Most Common Medical Malpractice Claims, along with the Patient Injury Severity Scale.
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