What is a Failure to Monitor Malpractice Lawsuit?

Medical injuries can take place even when a patient is being closely monitored by practice or hospital staff. Without supervision, however, that medical injury can give the injured party grounds for a failure to monitor malpractice lawsuit.

What is a Failure to Monitor Malpractice Lawsuit?

A failure to monitor malpractice lawsuit can be brought upon a medical professional whose patient has been harmed as a direct or indirect result of negligence.

A victim of medical malpractice has the legal right to hold the individual responsible accountable. By pursuing a lawsuit, they’ll be able to claim damages for any injury caused.

When Should Doctors Closely Monitor Their Patients?

The basis of failure to monitor lawsuits is a physician breaching the standard of care. Common examples of failure to monitor lawsuits include:

Mothers in labor: Women in labor should be closely monitored. The health of their child should be monitored by the infant’s heartbeat.

Under anesthetic: Care should be taken for not administering improper medications, such as too much or too little anesthetic.

Continued treatment: Doctors should closely monitor patients undergoing treatment to pick up on any side effects that may arise.

Under observation: Certain medical conditions require hospital or care home staff to closely monitor their patients to prevent further harm from occurring.

What Failure to Monitor Claim Can you Make Against a Hospital?

As with duty of care lawsuits, failure to monitor lawsuits are based around 4 key elements:

Duty: The physician in question had developed a doctor-patient relationship and therefore had a duty to provide a standard of care to them.

Breach: The doctor breached the standard of care by acting negligently regarding standard medical practice.

Cause: An injury was sustained as a direct or indirect cause of the doctor’s actions

Damages: The injury resulted in the patient suffering damages, including stress, pain, and surplus medical charges.

What Can You Do if You’ve Suffered From Failure to Monitor?

If you’re involved with a failure to monitor lawsuit and need a criminal defense attorney, get in touch with our experienced team today. Not only will we be able to quickly confirm whether you have a case or not, we’ll also be able to guide you through the legal process, delivering you an outcome that you’re satisfied with.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Failure to Monitor Malpractice, or any other personal injury, please feel free to contact Brian T. Allen at  480.461.5335,  log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.