When an individual arrives at a hospital, it is assumed that the standard of care provided by hospital physicians will not depend on the time of day. Unfortunately, afternoons tend to be a time of day when diagnostic accuracy is at its lowest.

Mornings, compared with afternoons, offer patients a better opportunity for accurate diagnosis. The reason for this is not surprising. People tend to be mentally sharpest at the beginning of the day rather than at the end. Emergency room and hospital doctors have longer shifts than most, so this general rule is even more applicable to them. 

Examples of Afternoon and Evening Medical Errors

Medical errors, also known as medical negligence, can occur at all times of day. However, as these errors are more prone to occurring in the afternoon than in the morning, patients can expect the following types of mistakes affecting diagnosis accuracy to happen more commonly in the afternoon and evening hours:

• Problems diagnosing a patient correctly can lead to unnecessary or incorrect prescriptions being issued. When a person is given a prescription for hours that will not help and may harm their condition, that is a major issue that could be medical negligence. 
• Perhaps the most extreme example of poor diagnostic work performed by hospital physicians involves the failure to diagnose serious conditions like cancer. Diagnosing a patient based on symptoms alone can result in a disease being misdiagnosed or even missed altogether. Depending on the type and stage of development of the cancer, the delays that result could have dire consequences. 
• Much of the time, correctly diagnosing a hospital patient depends on the coordination of different departments within the hospital. An emergency room doctor orders an X-ray or MRI; a different doctor must read the radiology and report back with a diagnosis. Meanwhile, bloodwork is sent back for analysis to confirm the ER doctor’s initial diagnosis. With so much cooperation and communication needed between many people, there is ample room for a diagnosis error.

What is Medical Malpractice?

Medical malpractice in a hospital setting involves a doctor, nurse, or other employee failing to provide patient care that rises to the standard commonly accepted in that area of medicine. When a patient suffers harm as a result of that breach in the duty of care, it is likely that medical malpractice has occurred. All that a patient would need to prove from there would be that damages were suffered as well.

Damages in a Medical Malpractice Case

There are, generally speaking, two types of damages that a patient may suffer- economic and non-economic. 

Economic damages are those that can be readily measured in dollars and cents. In other words, there is a tangible, measurable dollar value of the loss suffered. Examples of economic damages that may be suffered as a result of a hospital misdiagnosis include medical bills, lost wages, and child care costs incurred while a person was ill or injured.

Non-economic damages are those that cannot necessarily be measured in strict dollars and cents. Rather, pain and suffering, harm done to the marital relationship, and emotional distress are types of non-economic damages. These losses are more difficult to quantify and require extensive evidence and support to withstand scrutiny by the hospital and its defense attorneys.

Delayed Diagnoses Can Lead to Medical Malpractice 

Timing is everything in medicine. When conditions are life-threatening, being able to identify, diagnose, and develop a treatment plan for a disease, illness, or injury is critical. When a mistake in diagnosing a condition occurs, a patient is not able to receive appropriate care at the right time. The impact of this is that individuals may suffer irreversible damage or at least find that their condition requires extra attention given delays in treatment. 

An injured patient must perform a basic analysis of the four elements of a medical malpractice case to figure out whether their situation rises to the level of negligence:

•  Did the hospital and/or physician owe a duty of care to the patient? Almost certainly, the answer to this question will be, “yes.” 
• Next, was that duty of care breached by the action (or inaction) of the doctor, nurse, or other medical professional? The failure to provide care that meets the standard common in hospitals and emergency rooms is, by definition, a breach.
• Causation of the patient’s injuries is perhaps the most difficult of the four elements to prove. This is where an expert witness’ testimony and strong evidence tying the physician’s actions/inaction to the injury suffered is crucial. 
• Finally, to what extent were damages suffered? In medical malpractice cases, it is not only necessary to have suffered damages, but an injury victim must be able to prove to a judge or jury that those damages were suffered. 

The Benefits of Hiring Experienced Representation in a Medical Malpractice Case

What injury victims quickly figure out after suffering harm in a hospital is that the rest of their life does not go on break during the recovery process. Mortgage or rent payments still must be made. The kids still need a ride to school. Their spouse still needs help around the house. Work responsibilities cannot be set aside indefinitely. 

Attending to these responsibilities is difficult- especially when a person’s body and mind are not operating as effectively as they otherwise may be. Trying to balance a busy life with a medical malpractice case is not simple. Instead of trying to devote some attention to one case while neglecting the other area of their life, an injury victim should consider how an experienced attorney may be of service to them and their family. 

Contact Crim Law Office, PLLC for a Free Case Review

Don’t delay. When results matter, and your well-being is at stake, contact Crim Law Office, PLLC. Our team of West Virginia emergency room negligence lawyers offers free case reviews.