Medical Negligence In Medical PracticeJune 18, 2021
Medical Clinic Malpractice, also known as Medical Clinic Entrapment of Distress (MADD) is when a medical professional fails to prevent or mitigate the patient’s pain or suffering in a case that falls under the category of emergency medicine. The profession definition of Emergency Medicine includes the treatment of all life-threatening or harmful conditions. These conditions include acute and chronic conditions, surgery, trauma, and infectious diseases. When a physician fails to prevent or mitigate the pain or suffering, then medical malpractice has occurred.
For decades, Medical Clinic Malpractice has been infamous throughout the medical community. In California alone, the March of Dimes Malpractice suit has cost hospitals millions of dollars. Although malpractice suits are often settled out of court, the long and drawn-out litigation process often makes it difficult for the injured party to gain any financial compensation. One way to prevent this type of situation is to prevent injury by taking preventative measures such as using anti-lock brakes on car doors and installing appropriate siren and alarm systems. It is also important that patients who are prone to accidents avoid driving while under the influence of alcohol.
There are three elements required in a Medical Clinic Malpractice suit: negligence, causation and a causal relationship. Negligence is when a physician was negligent in providing care for a patient, such as when an ambulance was not waiting for the patient when they arrived at the hospital and the emergency room did not have adequate personnel to provide adequate care or prevent further injury. Causes of negligence are a combination of professional and personal choices. Professional choices include the type of medicine the doctor practices, their education, experience, and any recommendations made by other physicians. Personal choices include the type of automobile a person drives, their hairstyle, diet, and traveling habits.
A pre-existing personality defect was discovered after a post-accident examination in the physician’s office revealed that plaintiff had a pre-existing personality defect which caused him to be disabled when he suffered an automobile accident. The specific defect was determined and the effects thereof were added to the lawsuit. When the doctor failed to make a proper diagnosis of the pre-existing personality defect, the cause of liability was considered to be negligence. The defendant failed to act reasonably in accord with a standard of medical care, which resulted in the plaintiff being injured.
An example of a pre-existing orthopedic problems which were discovered by a pre- litigation investigation include a lifting incident which injured plaintiff while taking apart a heavy table in a dental clinic. The examining physician failed to make a proper diagnosis of the patient’s problem and as a result, he failed to make a proper treatment recommendation to the dental office regarding the lifting incident. As a result, the patient was injured from the lifting incident. Let us know more about this by clicking on the given link Rehab near me.
In the above example, it is apparent that it is not always necessary to file a medico-legal claim against the defendant. In many circumstances, the plaintiff’s pre-existing personality defect(s) could have been discovered by a routine and uncontested administrative claim for medical negligence. The court may well have concluded, however, that there was a need to file an administrative claim to seek damages from the defendant, even though there was no injury or monetary damage to the plaintiff.