Medical negligence or medical malpractice is not only the result of a doctor or hospital doing something wrong. Medical negligence or medical malpractice occurs when a physician or hospital fails to something that needs to be done to protect the health of a patient. For example, the failure to monitor accurately a patient under the care of doctor, hospital and other medical providers can result in a viable claim of medical negligence or medical malpractice.
Overview of Failure to Monitor Properly a Patient
When a patient is under the care of a doctor or hospital, an essential element of any treatment or procedure is monitoring. Monitoring is divided into three separate, general categories. First, patient monitoring occurs during the diagnosed phase to determine what medically is wrong with an individual. The failure to accurately monitor a patient at this juncture results in a misdiagnosis of that individual.
Second, when a patient is undergoing a procedure, monitoring is a crucial element. For example, when a person is undergoing surgery, a significant array of different types of monitoring occurs. Improper monitoring during surgery is known to have tremendously negative consequences, including permanent disability and even the death of the patient.
Finally, post-procedure or treatment monitoring is also crucial. (This is an area in which remote monitoring is becoming even more widely utilized.) The failure to adequately monitor a patient following procedure is another situation in which a patient is placed at significant risk of serious harm and even death in some cases, according to the Mayo Clinic.
Remote Patient Monitoring
The proper monitoring of a patient is becoming an even more significant issue in this day and age with the advanced types of technology that are being utilized in this regard. Institutions of all kinds, including the Mayo Clinic, have been developing these types of technologies over the past decade. These techniques permit the monitoring of patients from remote locations.
Proof of Negligence
The basic element in proving that a medical provider has been negligent is to demonstrate that the provider departed from the accepted standard of care associated with a particular type of medical monitoring.
The key to prevailing in a medical malpractice claim or lawsuit contending that a doctor, hospital or other medical provider failed to monitor appropriately a patient is providing sufficient proof that the provider failed to meet the established standard of the case, according to the National Institutes of Health. The reality is that standards exist — either explicitly in writing or based on the accepted medical practice in a community — that govern how a patient is to be monitored in a particular situation. For example, a monitoring standard of care exists regarding the manner in which a patient is to be monitored following a particular type of surgery.
As part of the process of pursuing a claim for malpractice arising out of the failure to monitor appropriately, a patient must demonstrate that specific injuries were sustained because of the oversight. In other words, the patient must show that but for the failure to monitor the patient, that individual would not have sustained the complained-of injuries.
The patient must also be able to itemize the specifics of those injuries alleged to stem from the failure to monitor. He or she cannot just make some vague allegation about being harmed by the failure to monitor. Rather, specific injuries must be delineated with relative precision to prevail in a medical malpractice claim arising from an allegation of failure to monitor.