We have all had a
bad experience in the doctor's office whether it's the forgotten prescription a
rude secretary, or the harried appointment. Now, medicine appears to be
increasingly impersonal and unfriendly, but what actually makes up malpractice?
Standard of CareIf the care received significantly differs from the standard of care which other providers in exactly the same specialty or scenario would offer then it may be malpractice. For this reason, medical malpractice cases require testimony from an expert witness who is able to define that standard of care.
Damages
We have a tendency to believe that lawsuits automatically create hundreds of thousands of dollars in awards. Nonetheless, a lawsuit is supposed to cover damages that have been incurred. If there were no damages from the medical malpractice, then there's little motive to file a lawsuit. Even if the physician's behavior is upsetting or unprofessional, unless there were damages incurred, there is no reason to sue. For example, if a doctor prescribes a medication that you think you're allergic to, but you endure no allergic reaction, there is no reason to sue.
Near Miss or Medical Malpractice
Medicine is not a cut and dry science of absolutes, it is also an art. One must demonstrate that malpractice occurred, not that it nearly occurred, for it to be malpractice. For instance, if your doctor prescribes the wrong medication but corrects it before you take the drug, then you are not the victim of malpractice.
Medicine is not a cut and dry science of absolutes, it is also an art. One must demonstrate that malpractice occurred, not that it nearly occurred, for it to be malpractice. For instance, if your doctor prescribes the wrong medication but corrects it before you take the drug, then you are not the victim of malpractice.
Bad Service Can Become Malpractice
When lousy customer service endangers your well-being it might be considered malpractice. A rude receptionist or a long wait time is only malpractice if it endangers your health. An ER physician that dismisses your symptoms of internal bleeding or fails to correctly diagnose or treat anaphylactic shock has probably committed malpractice. In addition, if a doctor fails to get informed consent that may also lead to a lawsuit.
When lousy customer service endangers your well-being it might be considered malpractice. A rude receptionist or a long wait time is only malpractice if it endangers your health. An ER physician that dismisses your symptoms of internal bleeding or fails to correctly diagnose or treat anaphylactic shock has probably committed malpractice. In addition, if a doctor fails to get informed consent that may also lead to a lawsuit.
Many other types
of recourse exist if you have a bad experience with a health care professional.
Word of mouth, complaint letters, and online reviews are very strong remedies.
Ensure your criticisms are exact or else you could end up at the wrong end of a
defamation lawsuit.
No comments:
Post a Comment