After treatment, doctors are required to provide patients with follow-up care. For example, a doctor should monitor a patient’s progress, confirm the patient is taking medications as prescribed, stay informed about the effects of the medicines they prescribed, make necessary changes to the treatment plan, offer instructions on wound care after an operation and so on.
It may be unlawful if a physician fails to offer follow-up care. Here is how:
The key elements of personal injury exist
A patient not offered standard follow-up care may have grounds for a medical malpractice claim if they can show negligence. They can do this by proving the key elements of personal injury – duty of care, breach of duty of care, causation and damages.
Since the doctor had already treated the patient, a doctor-patient relationship existed. Thus, the physician had a legal obligation to provide the patient with reasonable care (duty of care). By failing to follow up on the patient, the doctor breached this duty of care.
The patient will then prove how the breach of duty of care caused them harm. For example, their condition worsened, or they experienced chronic pain, emotional suffering, disability (temporary/permanent) or additional illnesses. Cases of failure to follow up leading to death have also been reported.
Additionally, the patient needs to show that these aftermaths led to damages, such as increased medical bills, lost wages and funeral expenses.
Why does failure to follow up occur?
Different factors contribute to inadequate follow-up care in the medical field. Common ones include poor communication, especially when several specialists are involved, inadequate staffing (a doctor dealing with increased workloads may not give a discharged patient the attention they need) and poor record keeping.
If you or your loved one suffered damages that could have been avoided by proper follow-up care by a doctor, legal guidance can help you receive fair compensation.