What Is An Example Of Medical Negligence Involving A Breach Of Duty Of Care?
A breach of duty of care occurs when a health care provider fails to meet the accepted standard of care, harming the patient. Proving this breach is essential to succeed in a medical malpractice lawsuit. Medical malpractice victims must demonstrate that the health care provider’s actions or omissions deviated from what is reasonably expected of a competent professional under similar circumstances. In other words, health care providers have to adhere to accepted standards of practice to prevent harm to patients.
When health care providers breach this duty and significant injuries or complications may result then this is the basis for a medical negligence claim. One compelling example of a breach of duty of care is a failure to diagnose a serious condition, such as breast cancer.
"In a failure to diagnose breast cancer case, if there is a mammogram and there is a mass that the radiologist should have seen—if a reasonable radiologist would have seen that in interpreting that film—that would be a deviation from the standard of care."
Other Examples of Breaches of Duty in Medical Negligence
Breaches of duty can arise in numerous ways in a medical setting. Breaches can look different, depending on the specific medical issue and health care providers involved. Here are some additional examples of breaches of duty in medical negligence cases. If you or a family member have suffered from medical negligence, a medical malpractice attorney can help.
Misdiagnosis or Delayed Diagnosis
One common example of a breach of duty is a misdiagnosis or delayed diagnosis, which can severely impact a patient’s health and treatment outcomes. A health care provider’s failure to diagnose a condition promptly can lead to worsened conditions, other more serious conditions or unnecessary treatments. A misdiagnosis or delayed diagnosis may result when a medical professional overlooks critical signs, misinterprets test results, or fails to order appropriate tests.
A missed or delayed diagnosis breaches the duty of care because it prevents timely and appropriate treatment. Such negligence can exacerbate a patient’s condition, leading to severe or irreversible damage. For instance, if a doctor overlooks symptoms or test results that indicate a severe illness, the condition may progress unchecked, making it more difficult to treat effectively.
Duty of care negligence examples involving misdiagnosis or delayed diagnosis include:
- Failure to diagnose cancer despite apparent symptoms and test results showing the disease
- Misinterpreting a heart attack as indigestion
- Delayed diagnosis of a stroke
- Incorrectly diagnosing an infection as a minor illness
- Misdiagnosing pathology slides
- Failure to diagnose a potentially fatal arrhythmia
- Failure to diagnose a pulmonary embolism
Improper Treatment
Improper treatment occurs when a health care provider administers inappropriate treatment for the patient’s condition or fails to administer the treatment correctly. Such errors can result in complications or the worsening of the original ailment.
Some examples of improper treatment include the following:
- Performing unnecessary surgeries that pose risks without real benefits
- Using outdated or incorrect treatments
- Administering the wrong therapy or medication for a condition
- Failure to follow up with the patient after treatment, resulting in unaddressed complications or worsening of the patient’s condition
Failure to Warn of Risks
A key aspect of a health care provider’s duty is to inform patients about the potential risks associated with any medical procedure or treatment, allowing patients to make fully informed decisions about their care. Generally, a health care provider must obtain the patient’s informed consent before commencing treatment.
Related: What is express consent?
Health care providers must explain all potential risks to fully inform patients of potential procedures. When health care providers fail to provide this crucial information, it constitutes a breach of duty of care.
Examples of such failure include the following:
- Failing to inform a patient about the potential side effects of a prescribed medication
- Failing to explain the risks associated with a surgical procedure
- Overlooking the possibility of complications from anesthesia
Medication Errors
Medication errors occur when health care providers prescribe the wrong medication, order incorrect dosages, or fail to account for patient risk factors, such as allergies. These mistakes can cause adverse reactions, fail to treat the condition effectively, or even result in fatalities.
Examples of medication errors include the following:
- Prescribing an incorrect medication
- Dispensing a medication other than the prescribed one
- Administering an incorrect dosage
- Overlooking patient allergies
- Failing to check for drug interactions
Surgical Errors
Surgical malpractice occurs when surgeons or medical professionals deviate from the accepted standard of care during a surgical procedure. Such mistakes represent a clear breach of duty of care, as they can cause serious harm, prolonged recovery times, and even life-threatening complications.
Examples of surgical errors include the following:
- Performing the wrong procedure due to a mix-up in patient records or miscommunication
- Causing injury, poor outcome, or death during surgery due to careless technique or lack of proper skill
- Operating on the wrong body part, such as performing surgery on the left knee instead of the right
The highly-rated medical malpractice lawyers at our firm have handled literally hundreds of cases involving surgical errors, and we have the experience you need to obtain the justice you and your family deserve.
Birth Injuries
Injuries during labor and delivery are common examples of a breach of duty of care. Examples of birth injuries include:
- Failure to monitor fetal distress and take appropriate action, such a performing a cesarean section. This can result in Hypoxic Ischemic Injury (lack of oxygen to the baby) and Cerebral Palsy.
- Improper delivery technique which can cause brachial plexus injury (Erb’s Palsy).
- Failure to recognize maternal distress resulting in injury or death to the mother
Premature Discharge from Care
A premature discharge from care occurs when a hospital releases a patient before they are medically stable, causing severe health issues and avoidable complications. When released prematurely, patients may not receive the follow-up care necessary for a full recovery. This negligence can cause new health problems requiring emergency intervention.
Examples of premature discharges include:
- Releasing a patient who needs additional treatment
- Releasing a patient too soon after surgery
- Discharging a newborn without adequate screening for potential health issues
- Sending home a patient with unstable vitals
- Failing to provide adequate post-discharge instructions
Schedule A Consultation With Our Attorneys
If you believe you may have been a victim of medical malpractice, consult an experienced medical malpractice lawyer as soon as possible. At Freedland Harwin Valori Gander, our skilled and knowledgeable medical negligence lawyers can analyze your case and determine if your health care provider breached the applicable duty of care.
Our team has recovered over $2.6 billion for our deserving clients. Call us at (954) 467-6400 or contact us online to speak with one of our medical malpractice attorneys.
