Failure to Monitor Patient's Condition Error Attorney
Are you a victim of a doctor or hospital staff's failure to monitor your serious injuries or medical condition? At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for patients harmed by the hospital staff, doctor, or other providers.
Call our law firm team today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation. All confidential or sensitive information you share remains private through an attorney-client relationship.
A doctor's primary job is to treat patients safely, protect them from further harm, and diagnose their condition promptly to ensure proper treatment.
However, in some cases, medical negligence can lead to a failure to monitor a patient experiencing medical issues like infections, internal bleeding, or adverse effects from prescribed medications. Medical malpractice is a healthcare mistake that causes injuries to a patient, whether from misdiagnosis or improper treatment of an illness.
Another way to look at it is the healthcare provider's failure to monitor the patient at critical times. For instance, when a patient comes out of surgery, they have to be monitored for a certain period.
Medical practitioners must follow the rules and regulations set by their respective governing bodies to ensure proper patient treatment and avoid possible medical malpractices.
Healthcare providers must monitor patients' medical recovery. Failure to do so amounts to medical malpractice. Therefore, as a patient, it's essential to know your rights and when to consult a medical malpractice attorney, especially if there is a failure to monitor your health while sick.
When Are Doctors Required to Monitor Patients?
Along with doctors, the rest of the healthcare staff, such as nurses, must monitor a patient's condition in some instances. Failure to monitor a patient can lead to adverse results, even death.
Here are some examples of cases in which doctors and nurses need to monitor a patient's condition.
Doctors must ensure that no surgical instruments remain in the patient's body to avoid infection or internal damage after performing surgery. Moreover, it's essential to check for medical errors and complications that often arise after a patient's surgery.
Doctors and nurses' failure to monitor heart failure patients can lead to cardiac arrest and death. The failure to monitor a patient's health also leads to failure to diagnose.
According to the Journal of Gerontology Medical Sciences, failure to diagnose hypoglycemia in hospital settings leads to a mortality rate increase by 2%, and failure in cardiology increases mortality rates by 5%.
Cardiac arrest caused by the doctors' and nurses' failure to monitor heart patients is one of the leading causes of hospital death.
After birth, doctors and nurses have to monitor the child to ensure that medical complications do not occur.
Injuries that may occur due to medical malpractice include:
- Brain damage
- Cerebral palsy
- Respiratory distress syndrome
- Excessive bleeding (intraventricular hemorrhage)
- Infection (sepsis)
Post-birth medical mistakes can involve failure to monitor patient vitals, such as:
- Blood pressure
- Heart rate
- Medical misdiagnosis
- Failing to give newborns an adequate amount of oxygen causing brain issues
Medical Malpractice Anesthesia Errors
Hospital staff are also required to monitor patients put under anesthesia. The doctors must check the patient's vital signs frequently. A patient should get anesthesia after confirming that his body is receptive to it.
Prescription Drugs for the Elderly
Since the elderly are more prone to drug interactions as most take certain medications, doctors and nursing staff need to monitor them after administering anesthesia.
Medical History Negligence
Before prescribing anesthesia, doctors need to consider a patient's medical history. In addition, staff members at a hospital or healthcare facility should consult about a patient's vital signs.
If a case is complicated, it may be necessary for an attending doctor to talk with a consulting doctor who specializes in that area of practice. For example, suppose a doctor fails to communicate a patient's medical history properly. In that case, this can lead to failure to monitor, putting the patient at risk.
After administering anesthesia, doctors, the anesthesiologist, and the nursing staff must monitor a patient to ensure that the prescribed drug works during the surgical operation.
For instance, pregnant women do not usually visit the OBGYN clinic as often as other patients. However, the doctor still has to monitor a patient's vital signs and ensure that everything goes well.
Most importantly, when doctors prescribe antipsychotic drugs, they have to monitor patients to determine whether the drug is effective. Failure to monitor can result in malpractice if doctors do not fulfill their monitoring duty to a patient according to the standard of care.
Did you not receive quality treatment, resulting in your health deterioration? In that case, you should call a law firm to book a free consultation with your lawyer to chart the way forward.
Failure to Monitor: What Are the Consequences?
A doctor's failure to monitor a patient's condition can be detrimental to the patient, doctor, nurse, hospital, or healthcare organization. Therefore, lawmakers and medical professionals have developed guidelines to ensure the standard of care in every facility.
Patients face the following challenges:
- Life-long disability
- Poor quality of life
- Additional healthcare bills
- Wrongful death
For instance, a doctor's failure to monitor a patient during labor can result in the newborn suffering neurological injuries.
Likewise, suppose a doctor or a nurse doesn't monitor the patient post-surgery. In that case, they may miss the post-surgery complications only to learn later after taking a toll on the patient's health.
In some circumstances, not checking the baby's heart rate, looking for signs of infections, or detecting adverse vital signs could lead to death. Here are some consequences of health care staff's failure to monitor patients during treatment:
- Wrongful death
- Spinal cord injury
- Brain injury
- Pain and suffering
- High healthcare cost
- Lost wages
- Physical therapy cost
- Lower quality of life
Who Is Responsible for Medical Malpractice When Failing to Monitor Patients?
Many people from the hospital staff check and handle a patient during the treatment, including nursing staff, doctors, and surgeons. Therefore, more than one medical professional could be held accountable for failing to monitor patients.
Here are the parties that can face medical malpractice lawsuits:
- A doctor or nurse who fails to monitor the patients subsequentlythe symptoms or signs of problems
- An obstetrician who fails to monitor and detect fetal distress or other challenges properly
- Hospital staff that doesn't respond to patient's potential challenges
- Nursing homes that do not notice a patient's memory problems, leading the patient to wander off
- Dentists who fail to properly monitor a patient's condition after treatment or reaction to a specific drug
- Physical therapists who fail to detect the symptoms of overexertion in a patient
- Hospitals with inadequate or insufficient monitoring policies and protocols in place
- Nurses who overlook a patient's worsening conditions
- Anesthesiologists who fail to detect signs of complications when the patient is in surgery
Can You Sue a Hospital for Not Treating You Correctly?
As a patient, you can sue a hospital for not treating you correctly, like failing to recognize and treat your symptoms. As a result, your illness could develop further, necessitating more extreme care and endangering your life.
Here are the elements in proving a lawsuit claim based on failing to monitor properly:
- Duty: The doctor has a responsibility towards the patient as per the doctor-patient relationship to deliver proper medical treatment as per the standard of care.
- Breach: Due to medical negligence, doctors deviate from the standard of care, leading to the breach of their duty.
- Cause: The cause, in this case, is the doctor's breach of the standard of care, resulting in an injury to the patient.
- Damages: The damages can be of different types, including lost wages, medical bills, and pain and suffering.
A reliable medical malpractice attorney should prove all these elements to create a strong case. The attorney must prove liability by showing the failings of a physician, nursing staff, or other licensed health care provider with a degree of reasonable accuracy.
The attorney must prove what type of failure resulted in a severe injury to the patient and the extent of the damages caused due to negligence.
What Should You Do If You Are a Victim of Medical Malpractice?
Failing to monitor a patient's condition properly is a type of medical malpractice. For example, the medical personnel fail to supervise the patient closely during or after a surgery or therapy program such as radiation or chemotherapy, leaving the patient at risk of severe complications.
Suppose you have been a victim of medical malpractice due to the doctor, nursing staff, or hospital's failure to monitor. In that case, you need to report your issue as soon as possible.
The statute of limitations in medical malpractice cases is often two years in most states. There are several exceptions to the rule, however.
For example, New York state has a five-year statute of limitations for failing to diagnose cancer. In Colorado, failure to monitor is one basis for an open claim beyond the two-year statute of the limitation period.
When looking for healthcare services, it's better to always ask some crucial questions before hiring someone. For instance:
- Do they have a monitoring system?
- What would happen if something goes wrong with your treatment program?
- Is there any failure to monitor cases documented previously at this facility?
- How does this hospital prevent failure to monitor, and how can you benefit from it?
What Are the Elements of Failure-to-Monitor Cases?
There are three main elements in any medical malpractice case: Duty, breach, and damages. In a failure-to-monitor lawsuit, the doctor or nurse has a duty toward the patient as per the doctor-patient relationship to deliver proper medical treatment.
However, if doctors or the nursing staff deviate from that standard of care, they breached their duty due to medical negligence. It is important to note that not all negligence in health care leads to lawsuits.
A failure-to-monitor lawsuit generally follows these steps:
Proving the breach of duty: The court will first examine your health care provider's behavior and whether it falls below the standard of care in similar circumstances.
You will need to prove that a reasonable person would not have behaved in this way under the same set of circumstances. For example, a physician or the nursing staff may commit medical negligence if they fail to properly monitor a patient's condition resulting in unnecessary injuries or death.
Evidence of the doctor's or nurse's behavior and performance that doesn't meet this standard may appear in medical records, witness testimony, and expert testimony. You will also have to prove how much damage you suffered due to the medical professional's negligence, including expenses for future care or lost wages from missed work.
You may also claim pain and suffering, emotional distress, and any other financial losses related to a severe injury or death of your family member.
Suppose you prove each of these elements. In that case, your lawyer will draft a complaint accusing the health care provider of negligence and seeking damages for violating your rights under the law.
Can You Sue for Failure to Diagnose? Can You Sue a Hospital for Not Treating You Correctly?
A doctor's failure to diagnose and consequently monitor a patient correctly can lead to many complications.
Usually, this happens because the doctor fails to notice serious problems such as cancer or heart disease. However, once patients get their diagnosis, they start getting proper treatment immediately.
Many states have laws that strictly regulate health care providers and their liability. For example, every state has a statute of limitations that specifies how long you have to file a lawsuit after you suffer damages from medical malpractice.
Suppose someone dies due to a doctor's malpractice or negligence. In that case, that doctor or the hospital could be held responsible for the death. In addition, the deceased family may seek compensation from the doctor's estate if they have died, called a wrongful death lawsuit.
The steps to prove medical malpractice in court include:
- There was a failure to follow appropriate standards in health care
- That the error was a substantial factor in causing harm or death to the patient; and
- Actual injuries or death occurred
It is essential to check the exact time frame for each state since it often varies. Again, consulting with an experienced attorney who has handled medical malpractice cases in your area will help determine if there are sufficient facts to pursue a claim.
You can schedule a free consultation with your lawyer to file a complaint at any time after the doctor fails to monitor a patient that led to injuries.
Why Should You Seek a Medical Malpractice Attorney?
If you are the victim of medical negligence, there's no better time to contact your trusted law firm. Our experienced and qualified attorneys will examine the facts of your case and provide in-depth legal advice so you can get maximum compensation for your injuries.
It would be best if you considered contacting an attorney as early as possible to ensure that your legal rights are protected.
Medical negligence claims can be complex, involving several parties depending on how the healthcare providers receive payment. However, our attorneys will handle all aspects of the case efficiently and give you clear answers so you feel confident in your chosen path.
Additionally, we provide our clients with specialized expertise and personalized care. Contact us today to schedule a free consultation and be part of clients whose million-dollar cases we have pursued successfully.
A patient is not automatically entitled to compensation from the responsible health care provider for a claimed medical error. Many cases are settled without filing a legal action.
Failure to Monitor a Patient Conclusion
Fortunately, a failure to monitor lawsuits isn't widespread. However, suppose you or your loved one has been treated wrongly by a hospital, medical staff, or doctor. In that case, it's imperative to report it as soon as possible.
It can be hard to hold one defendant responsible in many cases since so many parties are involved. Therefore, getting help from a medical malpractice attorney is in your best interest.
Hiring a Personal Injury Law Firm to Hold Care Providers Accountable
Are you the victim of substandard medical treatment by your health care providers? Did you lose a loved one through medical negligence and know that the doctor or hospital is responsible for their death?
At Rosenfeld Injury Lawyers, LLC, our medical negligence attorneys hold professional medical staff financially responsible for causing our client's injuries or wrongful death. Contact our attorneys at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation.
Let our law office review your case's merits and medical records to provide immediate legal advice on moving your case forward. In addition, our attorneys accept all cases through contingency fee agreements, meaning no upfront fees are required until we resolve your legal matter.
Resources: Failure to Monitor Patient's Condition Lawsuit
Many injured patients have already resolved their million-dollar lawsuits holding physicians, hospitals, and other care providers financially responsible for their injuries. So call our legal firm lawyers today to file your compensation claim.