Legal News

11-Sep-2023

The Types Of Negligence Healthcare That Affect Your Recovery

It is something that no one wants to think about when recovering from an injury or illness, but medical malpractice does happen in various forms. When a health care provider fails to follow proper protocols, misses a diagnosis, or provides negligent treatment of an illness or injury, they can cause significant damage to their patients physical and mental well-being. Medical malpractice does not have to be intentional to cause significant damage to the patient. Negligence can happen with a single mistake that leads to a negative outcome. 

Medical negligence is an act or failure to act by a healthcare professional that results in injury to the patient. This can be very distressing for anyone who has experienced it first-hand, especially if youre still on the road to recovery. If you have been the victim of medical negligence, there are steps you should take as soon as possible. The sooner you take action after being injured due to medical negligence, the better your chances of recovering your losses and damages as fully as possible. There are several types of negligence in healthcare; this article will explore some of the most common. So read on and know what to do if it ever happens to you:

Negligence Due to Confidentiality Violation

Confidentiality is one of the most important ethics in healthcare. Confidentiality means keeping patient information private and secure. It means not sharing information with others who dont need it. It means keeping records secure. Most importantly, it means protecting patient trust. Confidentiality is essential to the healing process. It allows patients to feel safe sharing their deepest and most personal thoughts and feelings with their doctors. But sometimes, healthcare providers or organizations violate a patients confidentiality and break the trust that patients put in them. This can occur in a variety of ways: 

• Inappropriate disclosure of information to unauthorized persons.
• Mishandling of records.
• Unauthorized access to a patients records.
• False or misleading statements about a patients condition or record could cause damage to a patients reputation.
• Mistakes in record-keeping.

If a healthcare provider fails to keep your information confidential, you might need to take action. If you are a patient, you can file a complaint with your states medical board. If you are the victim of a breach of medical confidentiality, you might want to consult with a medical malpractice attorney to see if you have a case.

Negligence Due to Poor Treatment Planning

Doctors may fail to create a treatment plan for you that is appropriate for your condition and best suited for your prognosis. The treatment plan should be tailored to your individual needs. If you are not satisfied with your treatment plan, you should talk to your doctor. Some people are afraid to confront their doctor, but its important to know that you have the right to request a second opinion if you are not happy with the treatment plan that is recommended to you. A second opinion might be all that is needed to ease your fears and put you at ease. This type of negligence often occurs in cases where the doctor fails to do an adequate physical examination of the patient. In addition to the physical examination, treatment planning should also include:

• Obtaining an accurate medical history from the patient.
• Assessing risk factors and current health conditions.
• Performing diagnostic tests that are appropriate for the patients condition 
• Considering alternative treatments or courses of action.
• Informing the patient of the diagnosis and treatment.
• Taking the patients goals and preferences into account.

Treatment planning is an essential part of the doctor-patient relationship. A doctor who fails to create an appropriate treatment plan could be negligent. If this happens to you, you might have a case for medical malpractice.

Negligence Due to Lack of Due Care and Skill

This type of negligence happens when a doctor fails to provide the standard of care that is expected for your condition. This can include: 

• Failing to recognize warning signs and symptoms of complications.
• Failing to obtain necessary testing.
• Failing to follow up or monitor a patients progress.
• Failing to refer a patient to a specialist when the doctor is not qualified or lacks the necessary training and expertise to treat the patients condition.
• Failing to prescribe necessary medications.
• Failing to provide adequate aftercare.
• Providing ineffective or inappropriate treatment.
• Providing treatment without fully understanding the patients history.
• Treating a patient for the wrong condition.

The doctors duty to provide due care and skill begins at the first visit. If your doctor fails to provide the standard of care and skill, you may have a case for medical malpractice.

Negligence Due to Supervisory Failings

Healthcare providers are responsible for the staff they supervise and the equipment they use. If a staff member causes harm to a patient with the equipment they are using, the provider can be held liable. Providers must make sure that staff members are trained properly on how to use the equipment. An eyeglasses manufacturer might be liable if an employee is not trained properly and an employee cuts someones eye with a frame cutter. An audiologist might be liable if a staff member is not trained and a customer is over-amplified, causing damage to the ear. A public hospital might be liable if a staff member is not trained and a patient is exposed to a bloodborne pathogen. If they fail to exercise proper supervision and control, they could be held responsible for negligence. Examples of supervisory negligence include:

• Failing to provide adequate training to staff.
• Failing to properly oversee staff and equipment.
• Failing to properly manage patient flow.
• Providing inadequate staffing and resources.
• Providing inadequate safety equipment.

Using improper or faulty equipment, healthcare providers are responsible for exercising proper supervision and control over their staff and equipment. If they fail to do so, they could be negligent. If your healthcare provider is responsible for supervisory negligence, you may have a case for medical malpractice.

Conclusion

Being the victim of medical negligence is a stressful, frightening experience. Unfortunately, it happens all too often, and the consequences can be life-altering. When you have trusted physicians and staff members who are supposed to be looking out for your best interests but instead cause you harm, it is heartbreaking. The medical malpractice process can be long and arduous, but it is worth fighting for justice if you or a loved one has been the victim of negligent or incompetent medical care. 

You feel like your trust has been broken, and you dont know who to trust anymore. You may be unsure of how to proceed, and you may be concerned about recovering any damages you are entitled to due to the negligence. The best thing you can do is to be sure you have enough information to prove negligence, including dates, times, and other details, and that you and your attorney have done everything in your power to prove your case. You and your attorney are the best people to know what information is needed to prevail in your case, so dont be afraid to advocate for yourself and ask as many questions as you need.