It is well known that there are often risks involved with medical procedures. Infection and bleeding are two complications that come to mind. But can a complication of a procedure turn into medical malpractice?
For example, suppose a patient undergoes a surgical procedure and a vessel or organ is perforated or punctured. Further suppose the patient is transferred to the floor post operatively. Eventually, that patient will become unstable or symptomatic which will be demonstrated by critical lab work, altered vital signs and complaints of physical discomfort.
The medical providers owe a duty to patients to do things such as monitor, assess, intervene, report and diagnose appropriately. If critical findings are not reported and timely acted upon, the hospital staff and physicians may be liable to patients for damages. Referring to the example, the medical providers have a duty to monitor signs and symptoms of instability, appropriately report those findings and diagnose and treat accordingly, all in a timely fashion.
Medical malpractice is a difficult area of law as it requires an understanding of both the legal practice and the mechanics of medicine. Abraham Watkins offers a free consultation to anyone wishing to pursue such claims.