In many medical practices, doctors rely on nurse practitioners and physician assistants to diagnose and treat patients. While in many situations, this care is sufficient, in some instances, a patient will have issues or complications that require a referral to a physician or specialist. As such, when these healthcare providers fail to recognize the limitations of their expertise or overlook the need for advanced care, it can lead to the delayed diagnosis and treatment of serious medical conditions, which can be devastating for the patient. If you or a loved one were harmed by a healthcare provider’s failure to refer to a physician, you may be owed damages, and it is advisable to speak to an attorney. The assertive Baltimore medical malpractice attorneys of Arfaa Law Group have extensive experience handling medical malpractice cases, and if you engage our services, we can develop compelling arguments on your behalf to help you seek the best outcome possible under the facts of your case.
Harm Caused by Failure to Refer to a PhysicianMany medical conditions require specialized knowledge and treatment that only certain physicians or specialists can provide. Nurse practitioners and physician assistants are often the first point of contact for patients, but they are not equipped to handle all medical issues. When symptoms or conditions fall outside of their expertise, it is their responsibility to refer the patient to an appropriate physician. Failure to do so can result in a delayed diagnosis, worsening of the condition, or missed opportunities for treatment.
For instance, a patient with symptoms of heart disease should be promptly referred to a cardiologist for further testing and evaluation. Similarly, a patient with persistent gastrointestinal issues may need to see a gastroenterologist. The failure to refer to a physician can cause irreversible harm if the patient’s condition progresses untreated.
Proving Medical Malpractice for Failure to Refer to a PhysicianUnder Maryland law, all healthcare providers have a duty to provide patients with competent care, which includes recognizing when a referral is necessary and taking appropriate action. If they fail to do so, they can be held liable for medical malpractice.
The majority of plaintiffs in medical malpractice claims pursue damages on a theory of negligence. In Maryland, a plaintiff averring a defendant was negligent must first establish that the defendant owed them a duty to comply with the applicable standard of care. In other words, they must show that the defendant was required to act as a reasonably competent professional under similar circumstances.
Next, the plaintiff must prove that the provider breached this duty; for example, the failure to refer to a physician when it was clear that the condition required more advanced medical care may constitute a breach. Lastly, the plaintiff must connect the defendant’s breach to actual harm suffered by the plaintiff. This means that they must show that, absent the defendant’s actions, they would not have sustained losses.
In medical malpractice cases, expert testimony is often crucial in establishing what the standard of care should have been and how the healthcare provider’s actions fell short. Expert testimony is also usually needed to demonstrate causation.
Compensation for Victims of Failure to Refer to a PhysicianUnder Maryland law, medical malpractice victims can recover damages for their financial and intangible harm. Financial harm may include medical bills, the cost of future treatment, and lost wages due to time away from work. Intangible harm usually refers to the subjective impacts of the injury, such as pain and suffering, emotional distress, and loss of quality of life.
Speak to an Experienced Baltimore Medical Malpractice Attorney TodayIf you or a loved one were hurt by a healthcare provider’s failure to refer to a physician, it is essential to understand your rights, and you should speak to an attorney as soon as possible. The experienced Baltimore medical malpractice lawyers of Arfaa Law Group proudly advocate for people harmed by careless healthcare providers seek justice, and if you hire us, we will work tirelessly to help you seek the results you deserve. We have an office in Baltimore, where we regularly represent people in medical malpractice lawsuits. You can reach us to arrange a meeting by calling us at 410-889-1850 or using our online form.