The medical malpractice and accident lawyer at the Doan Law Firm explains
how malpractice can involve health care workers as well as physicians
Most people will associate “medical malpractice” with physicians.
However, any health care worker whose conduct is not consistent with the
generally-accepted standards of care of his or her profession can be held
liable for any injuries that may occur if the worker deviates from those
Medical malpractice occurs when:
- A medical professional assumes responsibility for some aspect of a patient’s
care. The patient can be an inpatient or an outpatient, all that matters
is that the professional was directly involved with the patient’s care.
- There is a “standard of care” that is defined by what a medical
professional with similar training would be expected to do in a similar
- The medical professional fails to meet that standard of care without a
valid reason for doing so. This is usually referred to as a breach of
the medical professional’s duty that is owed to the patient.
- The patient suffers some harm or injury that is a direct consequence of
that breach of duty.
Medical malpractice does not require a direct interaction with a patient.
For example, a lab technician may mishandle a lab specimen and cause an
incorrect result to be reported that influenced how the patient was medically
treated or a hospital worker could reveal confidential patient information
to someone that has no real need to know that information.
There are also several situations that may, or may not, rise to the level
of medical malpractice.
- Defective surgical implants
There are numerous reports of prescription drugs having side effects that
cause more harm to a patient than the condition that the drug is supposed
to treat. Normally, this results in a personal injury claim against the
drug manufacturer rather than the health care provider. If, however, the
provider knew about the drug’s side effects and still prescribed
the drug, or prescribed medications that interact with each other and
result in harm to the patient, medical malpractice may have occurred.
- Defective surgical implants
Artificial hips or knees have improved the quality of life for thousands
of patients. It is also a fact that many such devices have manufacturing
defects that were not known about when the device was implanted. Unless
the physician who implanted the device knew that it was potentially defective,
defective implants usually result in a lawsuit against the manufacturer
rather than the health care professional.
- Improper or unconventional therapy
This category usually involves a clinical psychologist or a behavior therapist
who uses a mode of therapy that is unaccepted by the professional community
at large or is inappropriate for the patient’s diagnosis. Although
therapists and counselors are not required to use established therapy
techniques, any therapy that has not been thoroughly documented by peers
may lead to undesirable outcomes and/or expose the patient to harm.
Physicians who employ unconventional or clinically-unproven treatments
or surgical procedures that result in harm to a patient may be guilty
of malpractice if a physician with similar training and experience would
have selected a more established plan of treatment.
- Failure to observe, document, and report
Doctors spend far less time with patients than do other health care providers
such as nurses, therapists, and other “direct patient care”
workers. If a health care professional makes an observation that may indicate
a developing complication or a change in the patient’s condition,
that health care worker must communicate their findings to the treating
physician. Failure to observe, document, and report could expose the professional
to a charge of malpractice.
What should I do if I suspect medical malpractice?
If you suspect that you or a family member have been the victim of medical
malpractice, your first step should be to gather as much information you
can access regarding the circumstances of the suspected malpractice. Once
you have this information, you should contact a medical malpractice and
accident attorney to arrange a consultation and review of the options
that may be available to you.
An experienced medical malpractice and accident lawyer will sit down with
you to evaluate the available facts and your reasons for suspecting malpractice.
In many cases the malpractice may be obvious and your lawyer may suggest
a medical malpractice lawsuit.
There are cases, however, that will require the opinion of an impartial
health care provider regarding the circumstances that led to your suspicions
of malpractice. Your attorney will “foot the bill” for this
opinion regardless of whether the consultant believes that malpractice
has occurred or if there are no valid reasons that would support a malpractice lawsuit.
Finally, always remember that there are time limits for filing a malpractice
lawsuit. Since these time limits (statutes of limitations) vary from state
to state, it is strongly advised that an attorney be consulted as soon
as possible after the alleged malpractice event occurred.