Going to the doctor is an important part of protecting your health. Preventative care often includes a physical exam, wellness questions, and testing a patient’s blood to determine things like blood sugar and cholesterol levels. If anything abnormal is detected, a doctor may refer a patient for additional testing. While this is perfectly reasonable and even responsible in many cases, sometimes, unnecessary invasive tests are performed without any benefit to the patient. If you have been a victim of unnecessary invasive tests and have suffered harm as a result, our attorney at the office of MichieHamlett wants to meet with you. Call us today to learn more about your rights and how we can help.
Why Do Doctors Order Unnecessary Invasive Tests for Patients?
There are a number of reasons why an unnecessary test may be ordered and performed. These include:
- Patient mix-ups;
- Misinterpretation of a patient’s laboratory results;
- Defective laboratory results (the lab results are inaccurate);
- Financial or other incentive for the doctor to order tests; or
- Over-precaution out of fear of being sued.
Does an Invasive, Unnecessary Test Constitute Malpractice?
In some cases, patients may be asked to submit to unnecessary and invasive medical tests, and may perhaps suffer adverse impacts as a result–such as higher medical bills and pain or discomfort–and yet the procedure does not constitute malpractice. Malpractice occurs when a doctor breaches the medical standard of care owed to a patient.
The medical standard of care is the same standard of care that another physician of similar background, training, and education would demonstrate in the same situation. In order to prove malpractice, then, you’ll need other doctors to testify that the invasive test was indeed unnecessary and was outside of the purview of what another doctor would find reasonable.
Steps to Take if You Think You’ve Been the Victim of an Unnecessary and Invasive Test
If you believe that you have been the victim of an unnecessary and invasive test, and if you’ve suffered harm, you should start by collecting all of your medical records – these serve as an important type of evidence. Additionally, you should document all of your losses that have directly resulted from the invasive test, such as pain, suffering, medical expenses, lost wages, and any other economic or noneconomic losses. Then, you should act quickly to contact a medical malpractice lawyer. After malpractice has occurred, you only have two years to file a lawsuit for damages, and the claims process should be initiated earlier than that.
Call Our Charlottesville Unnecessary Invasive Tests Attorneys Today
In some cases, invasive tests are used to get a correct diagnosis and ensure that a patient gets the level of care they need and deserve. In other cases, though, an invasive test is truly unnecessary, causes a patient harm, and originates out of an act of malpractice. If you have been impacted, please call our law firm directly today. By setting up a free consultation with one of our Charlottesville unnecessary invasive tests attorneys, you can discuss your case in more detail, learn about your rights, and get an opinion about whether or not you have a viable claim. Reach us today to get started.