I HAVE A HISTORY OF ADDICTION AND THE HOSPITAL SENT ME HOME WITH NARCOTICS DO I HAVE A BASIS FOR A MEDICAL MALPRACTICE CLAIM?
Medical malpractice can be caused by various actions, or inaction, on the part of health care providers. The central issue of a medical malpractice is negligence. A malpractice claim may exist when a health care provider has acted with medical negligence towards a patient. This means that the health care provider provided care which falls below the usual standard of care. This standard of care is determined by how other reasonable medical professionals would treat their patients.
WRONG TREATMENT PLAN AND POOR RESPONSE
When a medical professional provides the wrong treatment plan, a patient may have the basis for a medical malpractice claim. The mistake in the treatment must be an actual mistake, not simply a poor response to treatment. Conversely, if a doctor treats a patient in a way that differs from the way other doctors would treat a similar patient and the results are poor; then the patient could have the basis for a medical malpractice claim.
APPROPRIATE TREATMENT PLAN AND MISTAKES
It may also be malpractice if the doctor selects the appropriate treatment, but makes a mistake in administering the treatment. The mistake could happen at any time during medical treatment. For example, your doctor may make a mistake diagnosing your illness, or may not give you the proper medication for an illness. This could be the case when doctor prescribes narcotic painkillers to a recovering addict. The diagnosis could be correct, pain that needs to be addresses. However, the medication, a narcotic, could be a mistake that may cause harm. The important issue here is the standard of care. Would other professionals use the same, or similar, method to address the issue?
There are many factors which might determine whether you may have a basis for a medical malpractice claim in these circumstances. Did the doctor fail to take an accurate medical history? Has the doctor followed up with you to adjust your treatment plan? Did you disclose your previous narcotic addiction to the doctor?
Medical malpractice cases are complex and difficult to analyze. If you believe you may be the victim of medical malpractice do not hesitate to contact the Tulsa malpractice lawyers at Richardson Richardson Boudreaux by calling 918-492-7674 for a free initial consultation concerning your case.