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When you are ill or injured, you must put your trust in a healthcare professional to help you heal. Unfortunately, on occasion, medical professionals can fail to uphold their position adequately. Sometimes things just happen, while other times someone is responsible as they were negligent in their treatment. Medical negligence can have a heavily negative impact on one’s life. It can lead to unnecessary costs, unnecessary pain, and in the worst case fatality and the loss of a loved one. Typically, a case of medical negligence will include one of the following situations:
- Misdiagnosis or the failure to diagnose
- Premature discharge
- Unnecessary surgery
- Incorrect surgery
- The failure to order the appropriate tests
- The failure to act on the results of a test
- Not following up with the patient
- Incorrect prescription of the wrong dosage or medication itself
- Operation on the wrong body part
- Leaving items within the patient after surgery
- Persistent, out-of-the-ordinary pain after surgery
- Bedsores or pressure ulcers
If you are dealing with a medical negligence claim, or considering filing one, your Dallas medical malpractice attorney will help you utilize the 4 D’s in helping you with your case. The four D’s will help you to determine whether or not you actually have a strong case against the negligent healthcare professional. The four D’s consist of duty, dereliction, direct causation, and damages.
Duty
It is the doctor’s duty to follow strict rules and to complete treating a patient with competence. This means that the doctor must practice confidentiality, listen to the patient, and treat the patient with respect. If it is in the doctor’s power to help the patient, they must do so. If it is not in the doctor’s power to help the patient then they should refer the patient to another professional who can treat them appropriately.
Dereliction
Dereliction implies that the doctor violated their duty and or trust. Typically, this means that the doctor did not meet the expectations of the patient or they stepped out of bounds. For example, if the doctor went beyond what was authorized by the patient, such as removing an additional organ during a surgery. This can also include cases in which a doctor amputates the wrong limb or work in a non-sterile environment leading to infection.
Direct causation
If there was a dereliction of duty, it must be asked as to whether or not this dereliction directly caused the negative outcome. For example, if a misdiagnosis caused a patient to fall further ill or perhaps caused a fatality, then it could potentially be considered a direct causation.
Damages
Damages refer to the physical, mental, emotional, and financial suffrage of the patient that was caused via the direct causation or dereliction of duty by the healthcare professional. The question is whether or not the doctor will be directly held responsible and held accountable for any damages that occurred.
Medical malpractice cases are extremely complicated and require the assistance of an experienced and passionate medical negligence lawyer in Dallas. At Rad Law Firm our first priority is justice for our clients. Contact us today to schedule a free consultation.
