Is Lack of Follow-Up Care Medical Negligence?
Medical negligence is not always the result of a healthcare professional’s actions but can also be due to a provider’s inaction. If you underwent a surgery or treatment and a physician, nurse, or other healthcare professional failed to follow up with you, this may be grounds for a medical malpractice claim. If you experience complications as a result of the lack of follow-up care, you may be eligible to recoup your emotional, physical, and financial damages. Keep reading to learn how a lack of follow-up care can lead to a malpractice suit, as explained by our Greenville medical malpractice attorneys.
When Does Lack of Follow-Up Care Constitute Malpractice?
Certain situations require that a medical professional follow up with a patient. These include:
Following Abnormal Test Results
If your MRI or CT scan shows evidence of a cancerous tumor or any other abnormality, your provider has a duty to notify you of the results. This follow-up is essential to ensure that you understand your diagnosis and take the appropriate steps to treat your condition. A healthcare provider who fails to follow up with a patient following an abnormal test result may be subject to disciplinary action in addition to a malpractice suit.
Following a Surgical Procedure
Healthcare providers have a duty to follow up with patients post-surgery. Since surgeons are concerned about patients developing a postoperative infection or the surgical site healing improperly, following up is key to preventing these issues. In most hospital systems, the follow-up is typically performed by a nurse. The nurse will contact the patient to monitor the patient’s recovery, to ensure that the patient is adhering to their medication schedule, and to prevent any minor issues from worsening. This support helps patients to feel more at ease and reduces the risk of readmission. Failing to make a postoperative call to the patient can be grounds for a malpractice suit if the patient is harmed as a result.
Before Authorizing Certain Medication Refills
Most providers require patients to schedule an appointment before refilling a prescription if the patient has not been evaluated in recent months. However, providers have a duty to follow up with patients prior to prescribing medications that have a high risk of addiction. The same holds true if the patient has a history of addiction. A medical provider who fails to follow up with a patient, given these circumstances, holds themselves open to liability.
Missed or Cancelled Appointments
If a missed or cancelled appointment will be detrimental to a patient’s health, the physician or other healthcare professional should follow up with the patient. Examples include an appointment for ongoing treatment, to discuss abnormal test results, or to discuss a chronic or terminal illness. Essentially, any missed appointment that could negatively impact a patient warrants a follow-up call.
South Carolina Medical Malpractice Laws
South Carolina has unique laws regarding medical malpractice suits. Prior to filing a malpractice suit, a patient must file a Notice of Intent. The Notice must be served on all defendants (i.e., healthcare provider(s) or medical institutions) named in the lawsuit. This document, along with an expert witness affidavit, must be filed with the court.
Unlike other states, South Carolina requires individuals pursuing a medical malpractice case to attempt mediation first. The South Carolina Code of Laws requires that all parties involved take part in a pre-suit mediation within 90 to 120 days of filing the Notice of Intent. During mediation, a neutral third-party will facilitate conversation between the opposing parties, seeking to have them come to an agreement.
In addition to mediation, parties also have the option to participate in other forms of alternative dispute resolution (ADR). A medical malpractice attorney can help you understand the differences between each type of ADR and which may be most beneficial in your case.
Greenville Medical Malpractice Lawyers Advocating for You
Follow-up care is necessary to monitor a patient’s condition and to determine if the patient has any medical issues that should be addressed. If you or a loved one experienced harm due to a physician’s failure to follow up with you, our legal team would like to speak with you. At Parham Smith & Archenhold, LLC, our Greenville medical malpractice attorneys hold medical professionals responsible for their wrongdoing. To discuss your matter with a member of our legal team, our office can be reached online or by calling (864) 432-1796 today.