Medical negligence may occur in many ways over different medical care situations. Despite such negative situations taking place, it does not always mean that the patient has a right to rush to court and file a claim. After examining the case, the court may declare the situation as not a medical malpractice.
There are specific scenarios that warrant a claim, while other situations will not. A situation that will not be considered as medical malpractice include patient’s response to treatment, worsening illnesses, and rushed doctors.
Non-treatable condition of the patient
According to Kathryn Snapka, the managing partner at Snapka Law Firm, a medical law firm in Texas, medical malpractice statistics in the U.S. are on the rise. Every year, over 12 thousand deaths occur due to wrong surgery. A further 7 thousand deaths result from wrong medicine and 20 thousand from different errors in medical centers.
Every sickness and disease requires a different approach to diagnosis and treatment. Some diseases are terminal and hard to treat, especially if diagnosed in their final stages.
In some situations, a patient may visit a medical professional to seek care because of an illness. The medical professional follows every procedure as guided by the ethics of medical practice. He provides correct diagnosis, correct prescription, and right advice but still, the situation of the patient deteriorates.
When the condition of a patient gets worse
In most cases, we do not wait until we get very sick to visit a doctor. Mostly, our illnesses will be in their early or mid-stages. There are moments when a patient visits a doctor and the doctor gives them care and uses all their medical skills to the maximum in the hope that the patient will get well. Despite all the care, the patient gets worse.
It should not be assumed that a doctor has committed clinical negligence merely because the health of a patient deteriorated during treatment. There are times a physician is unable to treat a disease. Patients respond to treatment in different ways and while some respond well and recover quickly, some take the time or react to the medicine.
Besides, there is no assurance that any patient will respond to care in any case, even though a certain illness is considered treatable. Usually, no clinical negligence can be said to have occurred.
Rude/rushed medical professional
We all have different temperaments and react differently to different situations. According to their temperament, a medical professional may not be kind in words during patient care, especially to difficult patients.
The medical professional could be rude and answer harshly to a patient, or even in some rare cases, yell at patients. People’s speed of working also differs from each individual. Some doctors would rush things out, including sensitive procedures.
If a medical professional has no language etiquette while handling patients, it is regrettably unethical regarding their personality. As a professional, the doctor should communicate with his patients in a respectable manner.
The professional should take time with you and explain your ailment and answer all your questions well. According to law, a medical professional who speaks to you rudely and rushes out cannot be sued for medical malpractice.
An adverse outcome
An adverse outcome occurs when an unintentional and undesired situation occurs during a medical procedure or after. The situation may not affect the patient’s health, does not demand treatment, or cause lasting damage.
Sometimes, when a patient experiences an adverse outcome during a medical procedure, such outcomes may not warrant medical negligence. A physician may follow the standard protocol closely and make good decisions.
Even after making good decisions, accidents may happen within the medical facility, causing injuries to the patient. For example, during treatment, a patient may accidentally fall off the bed and get injured. According to law, the accident occurred within the medical facility while the patient was under care but it was not intended. Such a scenario will not amount to medical negligence.