Failure To Order Tests May Constitute Medical Malpractice

Failure To Order Tests May Constitute Medical Malpractice

When a patient visits the hospital, each step along the way is critical to ensuring you receive the appropriate medical care. From the moment you arrive every health care professional who attends to you plays a crucial role in your care. The failure of the any one individual to meet the standard of care may constitute medical malpractice where that failure leads to harm.

If you have questions about medical malpractice, or believe that you suffered harm as the result of improper or negligent medical care, seeking the advice of an experienced San Diego medical malpractice attorney is crucial.

A recent medical malpractice case looked at the role each doctor plays in a patient's care and evaluated one doctor's negligence and it's effect on the conduct of each successive doctor. The court determined that although one doctor's negligent conduct in not ordering a cervical MRI allegedly didn't affect the actions of the subsequent doctor, he was still negligent and could be held responsible for damages in a medical malpractice claim.

Specifically, the court explained a physician cannot "insulate himself" from liability for negligence where subsequent treating doctors assert the conduct did not play a role in later treatment. Further, "[b]ecause the central concern in medical malpractice actions is the reasonably prudent physician standard, the issue of whether a treating physician acted in a reasonably prudent manner must be determined for each individual physician who is a defendant in a medical malpractice action … it is not only the final physician, but rather each treating physician who must act in a reasonably prudent manner."

Ensuring patients receive the best possible care is the job of each health care professional. For more information or if you believe you or a family member has been suffered harm as the result of a medical error, please contact the top San Diego medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.


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