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Day: April 11, 2022

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New England Medical Malpractice Blog

No matter the specialization or the healthcare facility, patients rely on doctors to review their symptoms, order the correct diagnostic tests and reach the best solution possible in the shortest amount of time. With many conditions, a delayed diagnosis or a missed diagnosis can result in a worsening affliction, lengthy hospital stay or a challenging prognosis. Many physicians now rely on computer programs to aid the speed and accuracy of their diagnoses.

Unfortunately, these advances in medical technology might not represent the immediate step in the right direction that many people had hoped for.

Several years ago, the American Medical Association published a study that, for many, was a sobering dose of reality. The call for better artificial intelligence (AI), stronger options and a better decision-tree was based on findings in the study – namely, that human doctors outperformed their computer counterparts by a wide margin. During the study, the human doctors reached a correct diagnosis 72% of the time while the computer diagnostician reached the correct diagnosis only 34% of the time.

Even though many considered this a win for the doctors, it is worth noting that the doctor reached a misdiagnosis more than a quarter (28%) of the time. These misdiagnoses can represent deadly infections, worsening conditions and unnecessary pain for the patient.

What can be done?

Like any study centering on self-driving vehicles, the healthcare profession’s technology must advance in iterations. Diagnostic AI could eventually reach a level of accuracy rivaling or surpassing human doctors, but medical professionals should still only use it as a diagnostic aid. Computer findings could potentially assist a doctor in reaching a diagnosis or shedding light on uncommon possibilities.

In recent years, computer diagnostics has moved beyond a simple decision tree into numerous pages filled with several fields of information. From measurements such as height, weight, blood pressure and temperature to the associated family history, algorithms increase in depth of detail and intensity. For now, however, doctors must use these tools in conjunction with an accurate history and educated hypothesis to avoid a deadly misdiagnosis.

When someone goes to the hospital for treatment, the last thing they expect is that they will suffer from medical malpractice. As rare as you may suspect these injuries are, medical malpractice is actually the third leading cause of death in the country. Suffering an injury at the hospital does not always mean it was the result of a doctor’s negligence, however. For an injury to qualify as medical negligence, there need to be four legal elements present:

A doctor’s duty

The first element of a negligence claim is the establishment of the doctor’s duty to the patient. Every medical provider owes a specific level of care to their patients, but not in every situation. For example, while medical professionals owe a level of duty to the people who come to their hospital, they may not owe any duty to someone who is at the same restaurant as them.

Violating the standard of care

When a doctor provides care for their patients, they need to provide a certain level of care in their service. This quality of care refers to the level of care that a competent medical professional would offer a patient. It may qualify as negligence if a doctor deviates by misdiagnosing a patient, advising dangerous treatments, or prescribing dangerous medications or amounts of them.

Damages

In any kind of personal injury claim, there needs to be some form of damage. Oftentimes, these types of cases see considerable personal injuries with long-lasting or lifelong consequences, including injuries like nerve damage, loss of motor skills, and traumatic brain damage.

Direct cause of damage

The defenses in these cases may try to argue that the damages are not the result of the defendant’s actions, which is where this legal element comes in. The victim and their attorney must be able to prove that the actions the doctor or other medical staff member took when deviating from the standard of care directly caused the damages the victim sustained.

You can hold negligent doctors accountable

Anyone has the potential to make serious mistakes in their job, but for medical professionals, their mistakes can lead to catastrophic consequences. If you believe your hospital accident has these four elements to it, consult with an attorney to discuss how they can help you seek justice after your incident.

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