If you are preparing to have some medical procedure, you undoubtedly have questions to ask of your healthcare provider. Asking appropriate questions is part of the pre-procedure due diligence process. Also, as a patient, you should have a basic understanding of what constitutes medical malpractice.
When Does the Action or Inaction of a Healthcare Provider Constitute Medical Malpractice?
If someone dies under a health care provider, according to Craig Swapp, the act that caused or contributed to the death can be the result of negligent or careless conduct. U.S. law states when a healthcare provider commits negligence, it counts as medical malpractice.
For example, a surgeon has the duty of care to follow specific procedures during surgery. These include such essential elements as making sure that nothing gets inappropriately left behind in a person’s body following a surgical procedure.
If something is left behind in the aftermath of surgery, that failure to remove would constitute a breach of a surgeon’s duty of care and would lay the foundation for a malpractice claim.
To use another popular example, doctors are responsible for making sure that their patients use prescribed medications safely. If a patient is prescribed large quantities of opioid-based pain medication and subsequently becomes addicted, the doctor can be held liable, and the patient can sue for damages and suboxone treatment costs.
Questions to Ask Your Healthcare Provider
The nature of questions that you should ask a healthcare provider does depend on the treatment or type of care you will be receiving. With that noted, some essential questions routinely should be asked of your healthcare provider.
A fundamental question to be asked is for a recitation of the possible risks of treatment, the course of care, medication, or procedure. As a patient, you need to be adequately informed of potential risks so that you are capable of making an informed, educated decision.
You should also consider asking a healthcare provider about his or her experience regarding the course of treatment you will be receiving. You want a healthcare provider that does have specific expertise in the area in which you will be receiving care and treatment.
A fair question to ask of a healthcare provider is about prior malpractice claims or complaints filed with that individual’s licensing authority. There is no doubt that this can be an uncomfortable inquiry to make. However, in the grand scheme of things, it is your health and well-being that is on the line, and there are other ways to find out.
You will want to inquire about the specific elements of the course of care and treatment you will be receiving. For example, if you will be undergoing some surgery, you will want to obtain general information about the procedure itself. You will also want to ask about what is to be expected in the way of recovery.
Resolution of Medical Claims
Most healthcare practitioners and facilities have alternative dispute resolution (ADR) clauses written into there contracts or agreements. The purpose is to move past the incident quickly for the patient’s best health. If a failure of the medical establishment happens, as we are all human and failure will occur, the patient still needs to heal. Being drug around to court only delays the patients healing and hinders future patients of receiving quick adequate care.
Mediation of medical claims have become the standard to resolve these claims. The patient, doctor(s), nurse(s), facility, insurance, etc. can all come to the bargaining table; whether in-person or via video conference, to discuss settlement of any claim. This saves everyone time and speeds the process along without having to wait weeks or months for legal motions or briefs.
Arbitration of medical claims has also become a mainstay when mediation halts at impasse. With a third party neutral or panel of neutrals which may be selected for their medical background or knowledge, gives all parties involved the ability to layout their viewpoints and reasoning knowing that the arbitrator(s) can understand. This is a very powerful option in dispute resolution. Arbitrators need not be attorneys and may be medically trained to better understand the situation.
Conclusion
Whatever you do or do not ask, in the end, you need to make sure you are comfortable with what is happening, and you need to make sure they are treating you and your problems. While not common, there are enough records mix-ups that it can’t hurt to double check up.
If a problem does arise, knowing that you have options to resolve the matter quickly with less expense is a key factor to putting you back on the road to healing.
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