The Dangers of Improper Medical Procedures
There are many different behaviors that can result in a doctor, healthcare provider or hospital being considered liable for medical malpractice. Many examples of medical negligence that lead to malpractice claims include improper procedures. Medical procedures or treatments may be considered improper if:
- A doctor fails to obtain informed consent, such as by failing to tell a patient of treatment alternatives or failing to warn the patient of the risks of a particular procedure.
- A doctor recommends and/or performs a procedure that is not necessary. The doctor may make this recommendation because it is profitable for him to perform the procedure or because he/she simply isn’t aware that the recommendation is a bad one.
- A doctor recommends an incorrect procedure for a given medical problem. This may occur because a doctor doesn’t properly consider treatment methods or because a doctor has a financial incentive to recommend a particular procedure.
- A doctor misdiagnosis a patient and performs a procedure based on the misdiagnosis. For example, a doctor may incorrectly diagnose cancer and perform surgery as a result.
- A doctor performs a procedure incorrectly. A doctor can make a number of mistakes while performing any procedure.
In these and other cases, the care provided by your healthcare professional may fall short of what you expected and of what is required by law.
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Marietta Medical Malpractice Lawyers Can Help in Improper Procedure Cases
Doctors are held to a professional standard of care, which means that any type of medical services they provide must be performed with reasonable competence. Whether the doctor breached his professional standard of care or not will depend upon what a hypothetical reasonable physician would have done in the same situation.
If a reasonable doctor would not have recommended a certain procedure, or would not have made a mistake in how the procedure was performed, then your doctor could be considered to have breached his legal duty owed to you. A breach of duty makes the doctor responsible for the consequences of his lapse. This means he could be sued and made to pay for medical costs, lost wages, pain and suffering damages, emotional distress damages and other economic and non-economic losses.
Determining when a doctor should be held responsible for an improper procedure can be complicated. Proving that a doctor breached his duty and should be held liable is also a complex process, especially due to the technical nature of medical malpractice cases arising from improper procedure.
To help ensure you make your case and recover the compensation that the law allows, it is advisable to contact a Marietta medical malpractice lawyer for help. Your Marietta medical malpractice Lawyer will assist with all aspects of an improper procedure case from start to finish.
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