What Is Considered Negligent Follow-Up Care?
What constitutes "follow-up care" can vary widely but examples include periodic x-rays, additional procedures, and prescribing necessary medications to prevent harmful side effects. In the simplest terms, there are typically two primary behaviors that qualify as improper post-operative treatment:
- Negligence Regarding Follow-Up Care
- While doctors may not always be directly performing a treatment, they are responsible for make decisions regarding the course of that treatment. If they order a procedure but do not provide the appropriate post-operative care, they can be held liable for negligence.
- Failure to Monitor Treatment Effects and Recovery
- Doctors are expected to evaluate a patient's overall health throughout the recovery period. If they do not, it may lead to further injury, such as blood clots or infection. In these cases, the doctor may be held liable for the failure to monitor treatment accordingly.
Who Can Be Held Responsible?
Typically, the surgeon or other directly involved medical staff are liable for medical negligence. Doctors, in particular, are responsible for upholding a medical standard of care, which includes providing the proper post-operative treatment to prevent complications.
In one case related to a post-operative infection, we assisted a family in recovering a $4.25 million settlement.
In some cases, you may be able to hold the hospital liable for your injuries as well. For example, corporate negligence is applicable when the issues stem from a failure to have made reasonable inquiries into the education, training, and licensing of a member of their medical staff. However, if the doctor or health care professional responsible for your treatment is an independent contractor, the hospital usually cannot be held responsible for the provider's negligent actions.
Why Choose Us to Represent You?
The legal team at Rubin & Machado Ltd., is exceedingly knowledgeable regarding medical malpractice cases and can gather the crucial evidence necessary to build your claim. Our negligent follow-up care attorneys have helped many clients and their families pursue compensation to accommodate changes to their lifestyle and substantial expenses resulting from an injury.
In one case regarding a post-operative infection, we assisted a family in recovering a $4.25 million settlement. Our compassionate attorneys will represent your case with the same aggressive tactics. We can help you hold the responsible parties accountable for their unethical and harmful medical treatment, or lack thereof.
Begin the Path to Recovery
In preventable cases of injury, you have a right to hold your medical provider responsible. To schedule your consultation, contact us online or call us at (312) 327-1840. With over 50 years of combined legal experience, our team can help you navigate the complexities involved in medical malpractice claims and receive the restitution you deserve.