Not all medical malpractice is caused by a negligence act, such as improper surgery or surgical mistakes like the slip of a knife or a failed procedure. Some medical malpractice is actually caused by a failure to act or a failure to do something, such as deciding not to perform surgery. Other types of medical malpractice is caused by over-treating a patient, such as performing unnecessary surgeries.
This may surprise some people, but it should not be considering the definition of what the law considers negligence. Negligence is essentially the breach of a duty causing damages. Such can be caused by a negligence act or omission which cause the harm. Thus the improper surgery can be a negligent act, or a failure to perform surgery could be a negligence act.
Over-treatment is actually a very important consideration for a patient to be aware of. Recent news articles have reported that many breast cancer cases are finding surgery has been unnecessary and even lead to unnecessary injuries or harm to a patient. Other reports have found that over-treatment in applying stents can actually result in secondary problems such as infections or irreversible injuries which were unnecessarily caused.
Similarly, when all treatment appears to not be working for a condition, it may because there is a missed diagnosis. For instance, some back pain can be caused by a fractured vertebra which, if a hairline fracture, could be very difficult to identify. This is why getting a second opinion is important to review and ensure the x-rays were both taken at the right angle and were read properly.
Many times the failure to diagnose a condition and over-treatment go hand-in-hand. If a fractured vertebra is missed, that could result in a spinal fusion surgery when really only mobilization in a brace is needed to heal the fracture. This is both over-treatment and a failure to diagnose. It could have been remedied by going to a second opinion.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.