How could a doctor be held liable if diagnostic test ordered was not taken because patent did not want to risk possible side effects. Wouldn't the patents refusal be enough to absolve the doctor. Do not wish to give the impression that I am trying to set the doctor up or playing a game. Honestly do not see how any case with merit could be made, and don't see how my opinion could be seriously in error.
AZ
Here is the reality in this country. Anyone can be liable for anything as long as there's a case. Once a case is taken to court, a jury makes the decisions. Those are the basics. Back to your question, doctors, most often internists, can be sued for not ordering a diagnostic test because if a patient's illness turns out to have been able to be detected by a certain test and that test was not ordered, then the doctor gets sued. That is why doctors often order more tests than necessary. Suppose a patient comes in with a sore throat from singing too much. I am 90% certain that a patient does not have H1N1. I will order a test just to make 100% sure, because suppose the patient does turn out to have it; I have the risk of being sued by that patient simply because had I ordered the test, his/her symptoms could have been prevented or treated. There are also patients out there who intentionally do something like this. He/she would mislead a doctor into not ordering a crucial test, the doctor does not order it, and then the patient sues then sues the doctor just to get some extra cash. People are doing this to doctors a lot because they think doctors have tons of money. This is no longer true. Doctors' salaries are decreasing, and especially non-specialized doctors are so underpaid because malpractice premiums are so high because doctors are getting sued so much. I read a statistic that in 2005, the average medical malpractice award was $ 3.5 million. The average malpractice premium for an obstetrician-gynecologist (highest malpractice : salary ratio) was $ 107,000. The average ob/gyn only makes about $ 220,000 a year, so do the math.
Orignal From: Could someone in medical field offer opinion on question concerning medical malpractice?
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