It is common knowledge that diagnostic errors, operating room mistakes, treatment errors, birth injuries, and prescription errors are the subject matter of most medical malpractice lawsuits.
But did you know that there are unusual, and often unknown, gray areas that qualify as or are connected to medical malpractice? And that these cases are the kind that could harm you without you knowing it?
Two examples of such cases: (a) conflict of interest and (b) patient abandonment.
To help victims of medical malpractice, our team members, who are experienced lawyers in medical negligence, fleshed out the topics:
1. Conflict of Interest
It is every healthcare professional’s duty to stay true to the medical code. He is expected to do his best to treat the patient and improve his health without compromising on professional ethics. As per medical negligence lawyers in Utah, most conflict of interest cases involving healthcare professionals are connected to financial gains, direct or indirect, accruing to the professional. Such cases can be precursors to medical malpractice.
Every patient has the right to be informed of the advantages and risks associated with the treatment administered to him, especially in surgery cases. The patient then weighs the pros and cons and decides whether to opt-in or to opt-out of the treatment. If the healthcare professional does not disclose material facts to the patient, it becomes a conflict of interest. Part 4 of the Utah Health Care Malpractice Act, Section 406, deals with informed consent, which elaborates on the subject.
Examples of conflict of interest include:
- When a doctor makes his research activities as a part of his patient’s treatment. This implies that the doctor is using the patient as a subject for his research – for example, using different treatments that are still in the experimental stage – without the patient knowing about it.
- When a doctor recommends a treatment developed by a company in which he holds a stake.
- When the doctor is emotionally compromised because he is treating a family member.
A conflict of interest may be happening under the patient’s nose and yet he is likely to be unaware of it. It can also lead to an injury that is discovered after many years. Therefore, if the victim smells a rat, such as an expensive treatment, recommendation of a particular drug, recommending a newly launched treatment, etc., he should get in touch with his medical negligence lawyer.
2. Patient Abandonment
Patient abandonment happens when the healthcare professional ends the doctor–patient association without giving a valid reason (written) or insufficient notice, and after ending the relationship, does not give the patient an opportunity to find a qualified replacement.
To prove that a doctor abandoned the patient, the following need to be proved:
- That a doctor–patient relationship existed.
- The doctor stopped treatment even though the patient needed it.
- The abandonment occurred so abruptly that the patient did not get enough time or possess enough resources to find a replacement.
- The abandonment resulted in illness aggravation or harmful side-effects in the patient.
Examples of patient abandonment:
- The doctor and his assistant/colleague are not readily available, or avoid the patient, when the patient is in dire need of their services. And the delay causes harm to the patient.
- Inadequate staff.
- Failure of the staff to contact a patient who missed his follow-up session.
However, patients should note that if the doctor abandons a patient because he missed or canceled multiple appointments, dishonored the physician’s rules, did not follow the advice, or indulged in inappropriate behavior, then such events do not qualify as abandonment.
Are you a victim of these forms of medical malpractice? If so, it’s time to get in touch with our medical negligence attorneys for a free consultation.
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Medical malpractice cases are either very evident or very stealthy. In some cases, it can take years to discover that malpractice took place. These are complex cases that can only be handled by an attorney who has many years of experience in handling medical malpractice cases.
Whether your suffering is evident immediately after the treatment, or has been discovered after a long period after the treatment, or if you suspect that you are a victim in a stealth malpractice case, all you need to do is pick up the phone and set up a free initial consultation with our top medical negligence lawyers.
We will tell you if you have a legitimate case and what could be the approximate claim. If you choose to hire us, we will ensure that you get the compensation that is rightfully due – one that includes economic and non-economic damages, right down to the last penny.
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