Two Reasons A Doctor May Not Be Held Liable For Medical Malpractice
In general, if a doctor makes a mistake while diagnosing or treating you for a medical condition, he or she could be held liable for medical malpractice and made to pay you compensation for damages and losses you suffer as a result. Unfortunately, there are circumstances in which the doctor may escape liability for the harm he or she has done. Here are two of those times and what may be done to get around the problem.
Reliance on Faulty Tests
According to available research, medical errors are the third cause of death in the United States, and some of those errors involve faulty testing. These diagnostic errors can occur in a couple of different ways. The most common is human error. Sometimes samples get mixed up or technicians misread results. Other times, the error is caused by the equipment. Either the machine processing the tests wasn't calibrated correctly or broke down. In either event, the doctor received a faulty test result that he or she used to handle your case.
In these types of cases, the healthcare provider may be absolved of liability because the problem didn't stem from his or her own negligence. The only way you could pin the problem on the doctor is if you could prove he or she knew or should have know the diagnostic results were wrong. For instance, if another doctor in the same field with the same skill would have realized there was an error, you could argue the medical professional in your case didn't provide the standard of care required in the situation and, thus, the person is liable for your injuries. Otherwise, you would have to sue the laboratory or manufacturer for the mistake that led to the misdiagnosis.
The Mistake Occurred During Good Samaritan Treatment
Doctors are always subjected to medical malpractice laws except when they help in medical emergencies that occur when they are off duty. For instance, say a doctor is driving home when a bus flips over on the highway. If the doctor chooses to help the injured, he or she would be considered a Good Samaritan at that time and his or her actions would be judged by the standard set by the Good Samaritan laws in the state rather than the medical malpractice one.
Under Good Samaritan laws, a doctor would only be held liable for injuries he or she causes if the person acted recklessly or needlessly endangered the patient's life. For example, if the doctor performed a tracheotomy when one wasn't needed, the patient could hold the medical professional liable for any injuries that result. Outside of that, though, you may not be able to get compensation from the doctor for adverse effects you experience as a result of, basically, emergency medical treatment.
For more information about these issues or help with a medical malpractice case, contact an attorney.
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