Professional Negligence and Standards of Medical Care
The Seattle family of Tri Hoang was awarded $5.39 million, by a jury after finding an emergency room physician guilty of medial negligence. Hoang visited the emergency room with pain and was seen by Dr. Grace Dy, who prescribed medicine for heartburn and sent him home. Two days late, Hoang decided to go to a different hospital where he was diagnosed with a heart infection. Tri Hoang died due to the infection, four days after the original heartburn diagnosis. Dr. Grace Dy was found guilty of medical negligence in the misdiagnosis of Hoang’s condition in his first emergency room visit.
Professional negligence can occur more commonly than it is reported; and litigation for negligence is most common in the medical field. If professional negligence occurs in the medical field it is called medical malpractice. Between 15,000 and 19,000 medical malpractice suits are brought against doctors each year. The doctors are held to a standard of care which is used as a guideline for the care they provide as well as a way to evaluate their performance. Most error that occur in the medical field, are as a result of a doctor disregarding some portion of the standard of care they agreed to provide.
What is a Standard of Care?
When there is a breach of duty of care between the professionals and their clients or patients, it is professional negligence. This duty of care, or standard of care, is a level professionalism and standards that are commonly held by those in the profession. In the medical field, the standard of care is a written statement of rules, actions, or conditions that direct the patient’s care. A malpractice claim must prove that the doctor neglected to follow the standard of care in order to have a legitimate case.
How Do I Know the Standard of Care My Doctor Adheres to?
Proving medical negligence in the standard of care can be complicated and more difficult than documenting errors. A doctor can still make errors without detouring from the standard of medical care. Therefore, it is important to get advice from a medical malpractice attorney to determine if you have a case of professional negligence. At Teal Law Group, you can get advice from an attorney who is also a medical doctor. Call 707-525-1212 or contact us online to schedule a free initial consultation.