In 2002, a man went to a doctor for psoriasis, but the specialist ordered him to undergo several more tests, including one for HIV. Almost immediately, he was told that he was carrying the virus. However, four years later, another hospital confirmed that he had never actually suffered from the disease. In 2013, a judge in Barcelona ordered the Municipal Institute of Health Care to pay him 44,954 euros in compensation for the error in the diagnosis.
In 2008, a woman underwent a relatively simple operation to remove her uterus, but as a result she became totally disabled. Five years later, a court in Barcelona ordered the Catalan Health Service to pay her 249,964 euros in compensation.
In 2011, a mass infection with hepatitis C occurred at the hospital in La Vila Joiosa. The report concluded that the cause was a lack of asepsis, as a container of multi-dose saline solution was used to treat different people, instead of using individual vials. The lawsuit against the hospital is still ongoing.
These and other news items appear frequently in Spanish and international newspapers as the number of cases of medical negligence is increasing. According to experts from the University of Navarra, the fact that the number of claims is increasing may be due to different factors, including the obligation imposed on health personnel to reduce the costs of medical care and the progress of medical procedures, which also entail new risks that did not exist before.
What is medical negligence?
It is important to distinguish between medical negligence and an accident during care or treatment. An accident is referred to when the accident could not have been foreseen and is not the result of a lack of knowledge or skill on the part of the doctor.
In contrast, medical negligence involves a physician’s failure to comply with the standards of care for the treatment of the patient’s condition, either due to a lack of knowledge or due to negligence in providing care, which clearly causes harm to the person.
The psychological consequences of medical negligence
Physical consequences are often the most obvious factor in medical negligence, but they are not the only ones, and in some cases, not even the most important. In fact, the psychological consequences of medical negligence should not be ignored, since, although they are not visible, the suffering they cause can affect the person for years, seriously limiting their quality of life.
– Anxiety and restlessness: having to deal with a health problem already causes a good dose of anxiety and restlessness, being the victim of medical negligence only makes this condition worse. Unfortunately, anxiety is not the best incentive for health, but rather it accentuates the symptoms of numerous pathologies or can even trigger a functional disease.
– Mistrust: the doctor-patient relationship is based on trust, a fundamental condition for therapeutic adherence, which plays a leading role in healing. In other words, if the person trusts the doctor’s judgment, he or she is more likely to follow the treatment to the letter and heal more quickly. Obviously, when medical negligence occurs, mistrust sets in, and not only with the doctor or the center involved but sometimes extends to the entire health system, which, in the long run, has a negative impact on the person’s health.
– Anger and resentment: It is common for a person who has been the victim of medical negligence to feel angry and not understand why this happened to them. Blaming the doctor or the hospital is a normal reaction, but if this stage is not overcome and instead the person remains stuck in a cycle of resentment, this often generates deep repercussions in the psychological sphere. In fact, resentment is one of the most toxic feelings that exist because it not only generates more anger and hostility but can directly affect physical health.
– Feelings of abandonment and helplessness: often, the person who is a victim of medical negligence feels abandoned to their fate, experiencing a deep feeling of helplessness, especially once the process of claiming damages begins, since it is not easy to confront the system. However, the feeling of helplessness leads directly to hopelessness and depression, two states that not only deeply affect the quality of life but can also trigger or aggravate other diseases.
The other side of the coin: Malpractice Stress Syndrome
Contrary to popular belief, medical negligence does not only affect patients; its repercussions are also felt by healthcare personnel. That is why the term Malpractice Stress Syndrome has been coined. In fact, it is estimated that approximately 75% of doctors will receive a malpractice claim during their career.
During the legal process, 95% of doctors experience high levels of stress, which can affect their work since in most cases these people continue practicing until the verdict is issued. The main symptoms of Malpractice Stress Syndrome are anxiety and depression, as well as difficulties in keeping worries under control, which occupy approximately 50% of their workday.
In addition, the doctors who are being sued often show symptoms of fatigue, difficulty concentrating, irritability, muscle tension, insomnia, loss of self-esteem and frustration. Depending on their previous health status, they may also develop cardiovascular diseases, hypertension and diabetes. Obviously, this situation does not improve their clinical practice, but on the contrary, it makes them even more prone to making new errors.
Who can help you in case of medical negligence?
For both patients and doctors involved in a case of negligence, there are two professionals who are essential: the psychologist and the lawyer.
A psychologist will help them to alleviate the consequences of medical negligence that often arise on an emotional level, such as anxiety, depression and irritability. In the case of the patient, the therapy will be more focused on letting go of resentment and anger, focusing on their emotional well-being. In the case of the doctor, more work will be done on self-confidence and managing worries, so that these do not affect their work.
Lawyers also play an important role in the process, as they are not only a legal representative who can look after your rights, but they also become a support when it seems that the whole world is turning its back on you or that you are fighting against windmills. In fact, having a good law firm specialising in medical negligence is essential to face a lawsuit process, not only to achieve your objectives but also to avoid suffering new psychological damage throughout the process.
Sources:
Sanbar, SS & Firestone, MH (2007) Medical Malpractice Stress Syndrome. In: The Medical Malpractice Survival Handbook : Mosby Co.
University of Navarra (2002) World Medical Association Declaration on Medical Negligence. 44th World Medical Assembly , Marbella, Spain.
Tena, C. (2002) Demand as an effect of poor doctor-patient communication. CONAMED ; 7(3): 15-18.
Charles, S.C. (2001) Coping with a medical malpractice suit. West J Med ; 174(1): 55–58.
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