It is not only the surgical error that can justify a lawsuit! This is the most obvious scenario when a surgeon doctor misses an operation, but the field of medical responsibility is not limited to surgical errors. Health professionals also have information and follow-up obligations concerning their patients. A breach of these can also justify an action against the offending doctor! Here are the main examples by Jacob D. Fuchsberg Law Firm of situations that could give rise to a medical lawsuit!
Misdiagnosis And Medication Prescription Error
Following his legal obligation of means, the doctor is not required to guarantee the accuracy of the diagnosis made. Still, he must take all the means that a prudent and diligent doctor would have taken in the same circumstances to establish the correct diagnosis and prescribe the appropriate medications. Regarding misdiagnosis, recent court decisions remind us that the doctor must recommend the necessary tests and take all the relevant means available to him, including the data of modern science and the advice of his peers, to make a correct diagnosis. Failing to take such initiatives, the failure to respect the obligation of means may be blamed on the doctor.
Breach Of The Obligation Of Medical Follow-Up
Once the treatment has been applied to the patient, the doctor is not relieved of his obligations towards the latter; on the contrary. Health professionals are bound to monitor the patients they treat to ensure that the latter’s state of health is progressing appropriately. For example, a doctor who treats a patient with cancer not only has an obligation of means to make the correct diagnosis and provide the appropriate treatment, but he also must monitor the patient’s remission once the care is finished. Should the condition of this same patient deteriorate due to a lack of follow-up, the doctor’s responsibility may again be engaged.
Failure To Refer To A Specialist And Failure To Recommend Necessary Examinations
When the patient’s state of health exceeds the field of competence of a doctor, the latter is required to recommend in-depth examinations and the use of specialized doctors. Compliance with this obligation is assessed on a case-by-case basis concerning the conduct of a reasonable physician, once again.
It is better to consult a competent professional and a lawyer like Wrongful Death Attorney NYC for example as soon as you suspect you have been the victim of a medical error to.