On top of all this, there is a barrier in communicating with the doctor: we feel embarrassed to say directly that something does not seem right, and we are convinced that the doctor is doing everything correctly. We are often afraid to make accusations. Friends and family sometimes tell stories about struggling with an incorrect diagnosis or improper treatment, but what should we do when this happens to us?
What is a medical error?
Court rulings define a medical error as an omission by a doctor (and other healthcare professionals: a nurse, midwife or paramedic) concerning diagnosis and treatment, or conduct inconsistent with medical science. The basic types of medical errors are listed below.
Diagnostic error
Failing to ask the patient important questions during the medical interview, such as whether they are allergic to anything, what surgeries they have undergone, or whether they do not tolerate certain medications, etc. Failing to order specialist tests that are important for diagnosing the disease. Misjudging disease symptoms and making an incorrect diagnosis. Failing to take an alternative approach to testing that would make it possible to verify the results, if this was possible. This error may result in a deterioration of health, a health disorder, or, in the most severe case, death. An example is failing to diagnose a myocardial infarction in a patient.
Therapeutic error
An inappropriate treatment method from a medical perspective. For example, prescribing an unsuitable medication, failing to admit a patient to hospital despite indications, or referring a patient for a procedure that is not necessary.
Prognostic error
When a doctor incorrectly assesses a patient's chances of recovery. This may involve wrongly issuing a certificate of fitness for work when the patient cannot and should not work. It may also occur when a doctor provides prognoses that do not correspond to reality. An example is incorrectly presenting the patient with information about their state of health, causing a mental breakdown.
Is a medical error difficult to prove?
It should be remembered that a medical error is distinct from the risk associated with a procedure, treatment or operation—risk of which the patient is informed and to which they consent when undertaking the particular treatment. For this reason, it can sometimes be difficult to prove a doctor's error. As much evidence as possible supporting our claims must be collected. If an injured patient chooses to pursue a civil court action, they will have to demonstrate the occurrence of harm to their health, the fault of the doctor and/or staff, and prove the connection between the damage caused to them and the action or omission of the doctor and/or staff.
What is a doctor's fault?
It is an action or omission that can be assessed negatively from the perspective of medical practice or ethical principles (lack of due diligence, negligence, etc.).
What documents should be collected?
You should obtain the complete medical documentation from the hospital, clinic or medical centre.
CONTACT
Verius Legal and Compensation Law Office Dolne Młyny Street 3 in Bolesławiec (opposite the PKS bus station)
Arkadiusz Krzemiński
kancelariaverius@gmail.com
biuro@kancelariaverius.pl
tel. 668 005 179
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