Can You File A Negligence Lawsuit Against A Medical Practitioner For Poor Treatment?
Patients often put their faith in physicians, entrusting these medical practitioners with confidential information in the hope of getting the best treatment. Nevertheless, certain scenarios may occur in which patients feel that they have been subjected to poor treatment within the range of the physician-doctor relationship. With the help of a personal injury attorney, you can sue your physician under the following legal grounds:
This legal claim occurs when a doctor fails to treat a patient according to the established medical standards of care resulting in the patient sustaining injuries. The medical standard of care represents the quality of care that another professional doctor working in the same community would have provided to the patient under similar circumstances. One of the common reasons why a doctor can be sued for medical malpractice is as a result of failure to make a correct or timely diagnosis. This is based on the impression that the patient unnecessarily suffered for a prolonged duration of time as the physician failed to correctly interpret tests or carry out tests that would have realistically informed the physician of the probable diagnosis.
This legal claim is based on the idea that the doctor said some words or otherwise implied that they will have some form of offensive or dangerous contact with the patient such that the patient developed a justifiable anxiety and fear of this contact happening. The doctor doesn't have to necessarily make contact with the patient, but simply creates the fear that it will. From a medical perspective, this may arise if the physician threatens to take therapeutic action contrary to the will of the patient. The patient has to be conscious and mindful of the medical action threatened on him or her.
Battery arises when a doctor deliberately touches the patient in an offensive or harmful manner. This may occur when doctors either physically or sexually assault their patients. Additionally, battery may arise when a physician's actions are against the consent of the patient.
Deliberate infliction of psychological and emotional distress
This legal claim is based on the outrageous conduct of a doctor, which deliberately or irresponsibly results in a patient suffering physiological and emotional stress. This may happen when a doctor treats a patient while insulting or ridiculing the victim to great extent.
A personal injury lawyer like Nigams Legal can help a patient make the decision whether or not to sue their doctor based on the available legal grounds surrounding what happened during the medical treatment.