The Importance of Medical Error Reporting & Disclosure 

The Importance of Medical Error Reporting & Disclosure

 
When a pilot makes a wrong decision, he has a co-pilot by his side to assist him in correcting it. When a school teacher makes a mistake, she usually has time to realize her mistake and correct it before any harm is done. When a doctor makes an error, they are most likely the only ones who have the ability to correct and sometimes even notice it.

Like it or not, doctors are human and are very capable of making mistakes.

However, unlike most people in the workforce, when they make a mistake it can greatly impact the lives of the individual they are assisting.

According to a study published by the journal Surgery, according to malpractice records, the most common error during surgery was leaving an object inside the patient, which happens around 39 times a week.  Operation on the wrong body part or even the wrong patient occurred around 20 times a week according to their study. Not only that but these numbers were reported to be on the low end of occurrences according to the study conductors.

Doctors are not likely to report their errors, especially if they feel that the patient is not in much danger. Doctors risk legal liability, loss of reputation, loss of privileges and even license revocation. Not only do these reasons keep doctors from reporting their mistakes, but they may also fear to cause the patient unwanted distress.

Here are the top reasons why doctors should report their mistakes.

Deceiving the patient – By not disclosing the error, the doctor is interfering with the patients informed consent. This is because after an error more procedures or medications may be necessary without the patient understanding fully why it is needed.

Causing the patient even more harm – The error itself can very well cause the patient meaningless harm. However, by failing to inform the patient of the error, it could lead to even more damage. The damage may be more emotional than physical, but causing the patient to worry about why they are not recovering as quickly may lead to emotional trauma.

Lack of Justice – The patient deserves to receive the compensation that is owed to them after a terrible mistake in the doctor’s office. If the doctor fails to disclose to them their errors then proper compensation cannot be given to them.

After knowing these facts, it’s hard to see how any case against non-disclosure could ever triumph.  It’s clear that non-disclosure is a deception to the patient and in clear conflict to doctor-patient relationship ethics. Doctors must rise above their human nature and admit if they make a mistake by placing the patient’s welfare above their own self-interest.

If you or someone you know has ever been subject to a mistake made by a doctor or health care physician you could very well be entitled to compensation.  Call our office for a free consultation and we will do our best to win justice for you, (903) 526-1600.


The Top 6 Most Common Types of Medical Malpractice

The Top 6 Most Common Types of Medical Malpractice

It's widely known that serious errors can be made due to negligence under the care of a health care practitioner.
Are you aware of how those errors occur?
This is so important because so many victims do not even know they are victims even after suffering from life-changing injuries or outcomes. Different states have different statute of limitations laws that restrict the amount of time is available to seek justice after the case has occurred. Because of this, we feel the need to provide to you 6 of the most common types of medical malpractice errors to help you stay informed.
✔️Misdiagnosis
If a doctor examines you or a loved one and fails to diagnose the correct illness. This is considered malpractice because it prevents the patient from getting the treatment they need. Malpractice only occurs if the doctor failed to do what any other doctor would have done and this caused harm to the patient.
✔️Delayed Diagnosis
The doctor made an incorrect diagnosis but the patient eventually receives the correct diagnosis. The condition becomes worse because the patient didn't receive the necessary treatment in time.
✔️Failure to Treat
The doctor may diagnose the correct illness but they may fail to recommend the proper treatment.
✔️Surgical Errors
A doctor may perform the wrong procedure, damage organs, nerves or tissue, use non-sterile surgical instruments, or even provide inadequate care after the surgery.
✔️Birth Injury
Birth injuries can possibly result in the death of your child if the child's prenatal care was inadequate or if the child or mother suffers injuries during the birth process.
✔️Medical Product Liability
If a patient suffers needlessly after a poorly designed medical device was used on them for their illness.

Conclusion

This list is not comprehensive however it does a great job of highlighting the most common types of medical malpractice that you need to keep in mind. We also want you to know that not all medical malpractice cases are this black and white and you should always reach out to professionals like us at Martin Walker Law who specializes in Medical Malpractice and all that goes along with it. (903) 526-1600


World Cancer Day

World Cancer Day

Today is World Cancer Day, and at Martin Walker Law we would like to use this time to raise awareness about some issues the medical industry creates for those with cancer. World Cancer day is a day to empower the world to show support for those with cancer as well as encourage personal action in everyone to fight for improvement. One way that we would like to participate in this is to raise awareness for when doctors fail to diagnose cancer in their patients. This mistake is more costly than any amount of money because it usually costs someone their life or the life of their loved one. According to recent research from 2016, failure to diagnose properly accounted for 34 percent of all medical malpractice payouts that year. Doctors who fail to perform the required tests for finding cancer in its early stages could very well be engaging in medical malpractice. If a patient is not diagnosed by their doctor early enough it could mean that they will then have to go through a tremendous amount of chemotherapy or other harsh medications in order to combat the disease. If the doctor had successfully diagnosed cancer in the early stages then the patient would have not had to suffer through such harsh of a treatment process.
Other possible outcomes resulting from a failure to diagnose cancer:

  • Shortened estimated life span.
  • Expensive medical procedures may be necessary.
  • The patient passes away in a matter of a few short months.
  • The patient may die weeks after the doctor diagnoses cancer.
  • The patient's cancer could be highly contagious and spread throughout the body at a rapid rate.

This is why it's important for early detection tests to be administered to patients often when they are under their doctors care. Cancer is a very serious illness and should never be discounted when a patient is complaining of symptoms that resemble in any way those of cancer.
The American Cancer Society has some suggestions for avoiding cancer in 2019.

  • Stay away from Tobacco.
  • Stay at a healthy weight.
  • Exercise regularly.
  • Eat a healthy diet.
  • Limit alcohol consumption.

Many types of cancer are easily treated when diagnosed at an early enough stage. These include breast cancer, lung cancer, colon cancer, prostate cancer, cervical cancer, ovarian cancer, testicular cancer, and renal-kidney cancer. There is no reason that your doctor should miss the warning signs of cancer and submit you for a screening in time to save your life. If you or a loved one was diagnosed with cancer in the late stages you may be entitled to compensation. Call our office today and we can get to the bottom of your situation and make sure that you get the justice that you deserve with your late cancer diagnosis. (903) 526-1600