| How do you know if you, a family member, or | | | | patient with complaints of chest pain and |
| friends have been the victim of medical | | | | shortness of breath - then it would be negligent |
| negligence? What information is important? What | | | | for that doctor to fail to order these tests to |
| are the issues? What are the types of damages | | | | determine the patient's cardiac status. Also, if a |
| that can be recovered? How long do you have to | | | | reasonable and prudent nurse would not give 100 |
| take legal action? These are all important | | | | mg of Demerol (narcotic pain medication) to a |
| questions and this article will attempt to provide | | | | post-operative patient who had already received |
| you with useful answers. What Information is | | | | post-operative pain medication in the recovery |
| Important? Our analysis of your potential case | | | | room, then it would be negligent for the nurse to |
| begins with a thorough investigation and | | | | give the patient the additional dosage of pain |
| examination into your medical history. Any | | | | medication. |
| previous hospitalizations regardless of the reason | | | | What is Causation? Proving that the doctor, |
| may be important. We need to review your | | | | dentist, or nurse was negligent is not enough to |
| medical records from your family or primary care | | | | prove your case. You must also be able to |
| doctor for several years prior to the date of the | | | | establish the negligence of the health care |
| treatment which you believe was negligent. We | | | | professional directly caused injury or death. The |
| will need to review all records surrounding the | | | | easiest way to understand this principle is to |
| treatment which you believe to have been | | | | discuss a situation where causation is not proven. |
| improper. Finally, we need to understand all | | | | Let's assume that you are cleaning the gutters |
| medications which have been ordered for you | | | | from a ladder at your house and fall and injure |
| during the last several years. No doctor or hospital | | | | your arm. A family member takes you to the |
| can refuse to provide you with a copy of your | | | | doctor who orders x-rays, and after reviewing |
| records - it's the law! They may charge you a fee | | | | the films, tells you that you have just bruised |
| for copying the records but must provide the | | | | your arm and sends you home. Upon returning |
| records within 15 days of your request. You do | | | | home, and for the next 24 hours, the pain in your |
| not have to inform the health care provider that | | | | arm becomes unbearable. You head to the local |
| you are requesting the records for review in a | | | | hospital emergency room and additional x-rays |
| potential legal matter. | | | | are taken which clearly establish that you broke |
| What Is Medical Negligence? In Virginia, and most | | | | your arm as a result of the fall from the ladder. |
| other states, a doctor, nurse, dentist, or other | | | | Yes, the first doctor was most likely negligent in |
| medical professional is guilty of medical negligence | | | | failing to diagnose your broken arm but what |
| if their care of a patient is below what a | | | | damages were caused by the negligence? You |
| reasonably trained and experienced medical | | | | would have had a cast placed on your arm 24 |
| professional would have done for the patient | | | | hours earlier but would still have endured a fair |
| under similar circumstances. This negligence may | | | | amount of pain. In other words, you cannot prove |
| be the result of actions or inactions by the | | | | that the first doctor's negligence caused you to |
| medical professional. For example, if a reasonable | | | | suffer additional injury requiring additional medical |
| and competent Emergency Room doctor would | | | | treatment. |
| order a chest x-ray and cardiac studies for a | | | | |