Misdiagnosed In Hospital

This case is extremely relevant to what is known as the four D’s of negligence; duty, dereliction, direct cause and damages. Duty is when a doctor and a patient have formed a relationship and said doctor has taken on the responsibility of taking care of the patient. Dereliction or failure to perform a duty, there must be some kind of proof that the doctor somehow neglected the doctor neglected the patient. Direct cause, there must be some kind of proof that what happened to the patient was a direct cause of how the doctor conducted himself or his failure to act which resulted in injury. Damages a patient must prove that harm was incurred by the direct result of the physicians actions.

In order to claim that a doctor or hospital was negligent in a medical malpractice case, there must be specific requirements present. First off a doctor-patient relationship must have existed (Boeschen, 2014). An individual making the claim must show that there was a physician-patient relationship with the doctor being sued. This means the doctor was hired and agreed to be hired for the medical care provided. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Second the plaintiff must show the doctor was negligent. Regardless of if the patient is unhappy with their treatment or results, does not determine the doctor is liable for medical malpractice. The doctor must have been negligent -- not reasonably skillful and careful -- in a diagnosis or treatment (Boeschen, 2014). To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances would not have (Boeschen, 2014). In many cases, the doctor's care is not required to be the best possible, but simply "reasonably skillful and careful” (Boeschen, 2014). Whether or not the doctor was reasonably skillful and careful is often up to the medical malpractice claim.

Every one of us has relied on a medical professional at least a few times in our lives. When we get seriously ill, or suffer a serious injury, we put our health in the hands of doctors, nurses, and pharmacists, fully expecting to be treated with a certain degree of professionalism and safety. Unfortunately, sometimes the expected care is not given, or not given to the extent which the ailment requires. In these situations, we can feel blindsided, confused, even taken advantage of.

The last element is damages. “Damages are proven when it is determined the injury was a result of the practitioner's actions. The intent of awarding damages is to make the plaintiff whole, meaning as if the negligence never occurred” (Walker, 2011, para. 15). Damages are usually paid in the form of money, but I do not think any amount of money will ever make this patient feel whole or that the negligence never occurred.

Proving Monetary Losses: Plaintiffs must prove their losses by providing receipts for any money paid because of the doctor’s

Initial doctors are there to help aid person to feel better whether it’s a common cold or for other medical treatment. Doctors always try to do what right for the patient and make sure they abide but all rules and regulations. However, some doctors be put in situation that deemed unfair, likely do with the patient not satisfied with the doctors. While some patients will try to create sometime false negligence there are some defenses that help doctors through the medical malpractice claims such as the contributory negligence, respectable minority principle and statute of limitations just to name a few.

-- Misdiagnosing a patient is very serious, it could lead to consequences. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die.

Further, Professor Baker at the University of Pennsylvania posited that we have the same number of claims today as in the late 1980s. In addition, reforms actually make it more difficult for victims to prove their cases. Furthermore, due to the cap on financial awards, most of the time, it costs victims a large sum of money to pursue the case and end up spending more on expense than the reward. Currently, according to Doroshow (2009), there are more liability protection for the medical profession than any other profession in the nation. The reforms actually offer Healthcare giants more protection by limiting tort actions and compensatory damages. For example, a Milwaukee woman was awarded $25.3 million in tort damages after losing all four limbs due to doctor negligence. Interestingly, Wisconsin law has a non-economic damage limit of $750,000, therefore the defense attorneys will likely ask for the award to be lowered to that amount (Spivak, 2014). Two vastly different example; however, the latter clearly demonstrated the reasonableness of the award—thus, reform is necessary, but a greater examination of special clauses may be in order to offset the

The Chicago medical malpractice lawyer is more than adept in handling the different issues on negligence in the proper legal route. On top of this, it would serve you well if you would have

America’s emergency rooms see this type of critical events as a daily occurrence. Often you will find that people will go to the emergency department for care because the ER cannot refuse to care for that come to be seen. If we look into the Emergency Medical Treatment and Active Labor Act any person seeking care must receive assessment and immediate care for their ailment. Often the issue is financial, if a patient is seen at a doctor’s office co-pay or full payment is required at the time of service. With many Americans that do not carry medical insurance their ability to attend to the issue prior to it becoming an emergency is not

There is a line however that can be crossed when negligence then becomes a criminal conduct. To cross the line from civil to criminal negligence there has to be a gross deviation from the standard of care. This is where the importance of the standard of care comes into play, this is where the jury finds that the physician could be held under negligence. The American Medical Association has a strong values against negligence, although they are opposed to the prosecution of that negligence, the AMA however concedes that the recklessness in conduct should be criminally culpable. When it comes to criminal negligence, civil liability is met, in this case the claim allows the patient to receive compensation for their injuries and it also gives the physician the chance to remodel their standards of care without having to face the penalties of a prison term (London Amburn Attorneys at Law,

It was claimed that the nurses, even though they picked up signs/symptoms of a medical emergency in their assessments, did not do enough to see that those concerns were addressed by the physician on duty. They would argue that had the matter been pursued further, the patient’s true injuries could have been diagnosed and treated earlier. Earlier treatment could have prevented the permanent damage and injuries the patient would sustain due to a delay in treatment.

Hospital do a lot of harm to the sick. But, it is astonishing to know that it is essential that, the hospital intend to do no harm to their patient. Years ago, Florence Nightingale seen as the mother of nursing has identified this problem of hospital practice harming the sick. Despite the intension and the improved practice put in place by the hospital management, the hospital still harming the sick. Why do sick people still get hurt when they go to the hospital? The improved practice implemented by the hospital is not good enough. A good example of hospital doing harm to the sick is the hospital acquired pneumonia. HAP is an infection picked up in the hospital by patient.

Medical malpractice happens when a hospital, doctor or other health care professional, perform negligence through their practice and causes an injury to a patient, it may be the result of mistakes in diagnosis, management and after care or health management. (Podgers, 2007)

As a patient, you trust your doctor to provide timely, accurate help for your medical issues. However, since you're not a medical professional, you often have to rely on the opinion and expertise of your doctor to know when you need help. That means if your doctor either takes too long to diagnose and issue or misses it entirely, they could be guilty of medical malpractice. Even in today's high tech medical environment, delayed diagnosis impacts a large number of people every year.