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.


Mental Health & Medical Malpractice

Mental Health & Medical Malpractice

It's important that we are always informing East Texans about the many ways medical malpractice can be introduced into their lives. There are many forms of medical malpractice and not all of them result from places you would normally think. For example, did you know that you can be subjected to medical malpractice in your psychiatrist's office? Psychiatrists are doctors that deal with emotional and mental health, and any complications that arise under their care should be taken very seriously. Even though psychiatrists roles are different from that of a general health practitioner or a surgeon, their responsibilities and expectations are very similar. The trust placed into a psychiatrist by their patient is extremely personal and should be dealt with the utmost respect. Any errors or mistakes that they make can create for the patient significant negative situations. We must keep in mind that medical negligence of the mind is just as important as negligence on the physical body.
At Martin Walker Law we want you all to be informed of the many ways that your psychiatrist could cause you mental and emotional harm. Some ways that medical malpractice can be proven in your case is if there was one of the following situations:

  • A misdiagnosis
  • The wrong dose of medicine was prescribed
  • Failing to report that the patient could be a threat to themselves or another person
  • Abuse of power
  • Abuse of the patient's vulnerability
  • Talking about private matters to others that were disclosed in confidence by the patient

Just like any other medical malpractice case, the patient needs to be able to prove that their psychiatrist performed in a negligent manner while they were under their care. This negligence can take on several different forms for the patient:

  • Pain and suffering
  • Cost of future treatment
  • Earning capacity was lost
  • The ability to enjoy life has been lost

It's best to seek out the professional opinion of a trained expert in this area. It can be hard to know for sure if you have a case for medical malpractice, but we know how to help you best. Call us today for a consultation and we won't stop till we win justice in your case. Your mental health is just as important as your physical health. Let us help you win back the strength you once had so you can get back to living your life to the fullest. Call us today (903) 526-1600


Prescription Errors and the Relation to Medical Malpractice

Medication Errors and the Relation to Medical Malpractice

Medical Malpractice usually brings to mind errors made during an operation, but prescription errors can also be a result of medical malpractice. When a doctor decides on what medication to prescribe to their patient, it becomes a powerful tool for that person to overcome their illness or disease. One thing to keep in mind is that each person is different and they may have reactions to medications that are unpredictable to even the best doctor. East Texans need to be aware that if they suffer from an adverse side effect from a medication it is possible that you or a loved one has suffered from medical malpractice.
It's important in these situations to not jump to any conclusion prematurely. There are several things to keep in mind when you are considering the possibility that you or a loved one has suffered from medical malpractice. You will need to be able to prove some of the things listed below:
1. You were an official patient of the doctor who prescribed the medication
2. The doctor or pharmacist was acting negligently when serving you
3. Injuries were caused to you due to the negligent behavior
4. Damages resulted from the injuries that were caused
Medical Errors can occur if a doctor, nurse, or pharmacist prescribes the wrong dose or even the wrong drug to a patient. However, there are many other errors related to medication that can be caused by these mistakes.
1. The wrong medication was prescribed by the doctor
2. The pharmacist filled the prescription with the wrong medication or drug
3. The wrong dose for the medication was prescribed
4. The pharmacist filled the wrong dose amount of the medication or drug
5. The pharmacist provided the patient with the wrong instructions for the medication
6. The doctor or pharmacist gave medication to the wrong person to whom it was originally intended
7. The wrong drug or combination of drugs was administered to the patient
It can be a difficult process to prove that a professional was acting negligently when they prescribed your medication. This is because when a doctor is prescribing medication they usually focus on the patient's current issues and any relevant medical history, and are very careful. This is why it's important to call skilled lawyers who are experienced in dealing with these types of situations. At Martin Walker Law we know that this situation is capable of causing severe and permanent damage to a person. Don't hesitate to call us and get justice for yourself or your loved one. (903) 526-1600