Can I Still Sue If The Doctor Was Following Hospital Protocol?
Yes, you can sue your doctor even if they followed hospital protocol and their care still fell below the accepted medical standard and caused your injuries. Protocols don’t automatically protect doctors from liability, particularly when those protocols are unsafe, outdated, or poorly applied to your specific circumstances.
If you were hurt even though the doctor says they followed hospital rules, our Greenville medical malpractice attorneys at Parham Smith & Archenhold LLC can help determine whether those rules were unsafe or if your doctor did not use good judgment for your situation. We’ll ensure that someone will pay for your losses.
Following Hospital Protocol Does Not Always Mean Safe Care
While hospital policies are meant to guide safe treatment, they are not always foolproof. Some protocols may be based on outdated practices or designed more to limit liability than to protect patients. Other times, staff may follow a checklist but still don’t exercise sound clinical judgment.
To illustrate, let’s say you go to the ER complaining of stroke symptoms, and the doctor follows the hospital stroke protocol. However, they skipped imaging that would have revealed a hemorrhage. If the doctor sends you home and you suffer permanent damage, following protocol isn’t a defense if the standard of care requires more.
Tragically, 795,000 Americans die or become permanently disabled every year due to misdiagnosed serious illnesses, even when protocols were technically followed. These errors typically stem from breakdowns in communication, rushed assessments, or failure to question standard procedures in complex cases.
The Standard of Care Will Always Apply
Medical malpractice claims are based on whether a provider violated the standard of care, not just whether they followed internal policies. This means even if a doctor follows hospital protocol to the letter, that will not protect them if the protocol itself is negligent or their use of it ignores your specific needs. In such cases, courts can and do look past the policies to determine if a provider used proper judgment and skill.
For instance, imagine a hospital protocol that suggests a certain diagnostic test for a patient presenting with specific symptoms. However, current medical literature and the prevailing standard of care dictate that a different, more advanced test is necessary to accurately diagnose that condition.
If the doctor follows the hospital’s outdated protocol, performs the less effective test, and, as a result, your diagnosis is delayed, leading to preventable harm, then malpractice could have occurred. In this scenario, the doctor adhered to the hospital’s rules but did not meet the accepted medical standard.
What a Greenville Medical Malpractice Attorney Can Do
It can be immensely overwhelming to question a doctor, especially when they claim they “did everything right” when they treated you. However, you don’t have to navigate a medical malpractice claim on your own. A Greenville medical malpractice lawyer can:
- Investigate whether the standard of care was met, not just whether policy was followed
- Establish the key elements of malpractice
- Work with medical experts to evaluate your injuries and prove how you got them
- Fight for compensation for your medical bills, lost income, emotional trauma, and pain
Let Our Greenville Medical Malpractice Lawyers Secure Your Compensation
Hospitals and insurers may try to hide behind policies. At Parham Smith & Archenhold LLC, our Greenville medical malpractice attorneys can prove what really happened and hold negligent providers accountable for your injuries and related damages. Contact us online or at 864-432-1796 to schedule your free case evaluation.