Medical malpractice: Proof is always hidden by the health care provider
Despite former training, the medical profession is now advocating apologies after medical errors.
June 12, 2013
Medical malpractice: Proof is always hidden by the health care providerArticle provided by Gregg W. Luther
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Health care professionals are rarely taught how to disclose medical errors. In fact, they are often discouraged from admitting mistakes and will never admit that they failed to follow the rules for patient safety. Generally, physicians are taught that errors should not be discussed with patients. Instead, such issues are considered a learning opportunity for new doctors.
Some physicians are even advised by their lawyers to never make admissions. Instead, when a patient has questions, the general practice encourages vague answers as a form of damage control. Ultimately, medical professionals do not want to distribute ammo to patients who may potentially sue based on an admission of fault.
Some health care providers even go as far as not ordering needed tests or studies because the results could prove that malpractice occurred. Oftentimes, the health care provider's records will leave out important details that would establish the malpractice, or even worse, they will lie in the records and claim everything went as planned. The only way to find this information is to have a lawyer with extensive medical knowledge comb through every page of the records.
It is the health care professional's duty to follow the rules and keep the patient safe and free from harm. Doctors and nurses are required by law to follow this standard of care. If the health care provider does not follow the rules to keep a patient safe, the health care provider is responsible for the resulting harms and losses suffered by the patient. Finding the proof of malpractice is one of the more difficult tasks of prosecuting a medical malpractice case, and you should not trust it to someone who does not have extensive experience in that area.
If you suspect your health care provider did not follow the rules for patient safety, and you were harmed because of it, pursue the assistance of a qualified medical malpractice attorney in your area.