Medical negligence is commonly understood as errors in medical intervention, but there are various other scenarios that are not as well-known and have already been adjudicated by jurisprudence. Below, we briefly detail several types of medical negligence:
1. Delay and/or Error in Diagnosis
When a delay or error in diagnosis directly impacts the outcome, it is considered a type of negligence. This is, unfortunately, the most frequent case, such as when necessary tests are not performed or treatment is not received in time, or when all available means to reach the correct diagnosis are not used, among other causes.
2. Surgical Intervention Damage
A surgical intervention always involves risks that are communicated to us beforehand. This means that often, post-surgery, there might be damage or sequelae mentioned in the informed consent. If this is the case, there is no negligence, as these are possible or probable risks. However, if due to improper actions or omissions by the medical team we suffer, for example, damage that is not contemplated or should not occur during that intervention, or if surgeons forget to remove instruments or surgical materials, it could be a case of negligence.
3. Lack of Information to the Patient
Whenever we undergo medical treatment or surgical intervention, we must sign what is known as "informed consent," where we are informed of possible risks. If this consent was not provided for signing, and we suffer damage or injury that we were unaware could occur, or that was not among the possible risks according to that consent, we could have grounds for a claim.
4. Damage from Inadequate Medications
This can occur when a doctor prescribes incorrect or inappropriate medications for our ailment, which delay our recovery or worsen the condition.
5. Injuries During Pregnancy or Childbirth
These are usually identified with problems at birth, but they also include those affecting both the mother and the baby. These can range from errors in diagnosing fetal malformations during pregnancy to fetal distress or vaginal tears during childbirth.
Proving Medical Negligence
Ultimately, it is essential to clearly and sufficiently establish the responsibility of the doctor or professional concerning the damage or injury caused; this helps in asserting our rights as patients and compensating for the damage or injury suffered. It is necessary to have the patient's medical history, and in the case of pregnancy, all monitoring and tests, which must be requested to assess if there is negligence and its type.
Legal Action
Legal action can be taken against both public and private hospitals.
If you believe you or a loved one has been a victim of medical negligence, it is important to seek legal advice promptly. Contact Leocricia González Abogados today for a consultation. Our experienced legal team can help you understand your rights and guide you through the process of obtaining the compensation you deserve. Don't hesitate to reach out and protect your rights as a patient.
Leocricia González abogados.