This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]
TELEPHONE: 503.581.6333
FAX: 503.581.1244
HMO Malpractice?
When you are being treated in a hospital or in any other healthcare organization, you have the right to expect that you will be given the correct medication in the proper dose at the proper time. However, the number of medication errors is increasing in recent years, and the problem has become a major health care concern. Even though the prescription and administrative of medication is a routine part of medical, nursing, and pharmaceutical practice, deviations from proper practice have the potential to severely injury or even kill an unwary patient.
What happens if, after a patient has been injured by the negligence of a physician, he or she goes to a second physician for treatment of the injury caused by the first doctor, and the injury is aggravated by the negligence of the second doctor? The answer may be surprising. Generally, the rule is that the first physician whose negligence caused injury is also liable for additional injury later caused by the negligent treatment that the patient received from the second physician, provided that the patient used ordinary care in selecting the second physician. The patient is not obligated to find the best physician available, but is only required to act with due care and good faith in selecting the second physician. Therefore, a negligent doctor is liable not only for the injury caused by his own acts but is also liable for any additional harm resulting from the manner in which reasonably required medical services are rendered.
Physician's Duty to Warn of Drug Risks
The Discovery Rule and Medical Malpractice