Pre-Existing Conditions and Medical Malpractice

Pre-existing conditions, which include chronic illnesses, prior injuries, or ongoing medical issues, can complicate medical care and impact medical malpractice cases. If you have a pre-existing condition and believe that a healthcare provider’s negligence has harmed you, understanding how these conditions affect your case is crucial. At Plaxen Adler Muncy, our attorneys are here to guide you through these complexities.

What are pre-existing conditions?

Pre-existing conditions are any health issues that a patient has before seeking medical treatment. These conditions include chronic diseases like diabetes, hypertension, and heart disease, as well as past injuries, surgeries, or mental health disorders. In many cases, healthcare providers must manage and monitor pre-existing conditions.

Pre-existing conditions can complicate medical treatment. An existing medical issue can increase the risk of complications or impact the outcome of procedures. For example, a patient with a history of heart disease may be at higher risk for complications during surgery, or a diabetic patient may experience slower wound healing. It is the responsibility of healthcare providers to consider these factors when planning and administering treatment.

With medical malpractice, pre-existing conditions can play a significant role in determining liability and damages. Patients with pre-existing conditions may be more vulnerable to harm, and healthcare providers must take these conditions into account when providing care. Failure to do so can result in serious injury or even death and may give rise to a medical malpractice claim.

Defining medical malpractice

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. This includes errors in diagnosis, treatment, surgery, or medication. To prove malpractice, you must show that the provider’s negligence caused or worsened your condition.

Proving negligence with pre-existing conditions

When a patient with a pre-existing condition files a medical malpractice claim, they must prove that the healthcare provider’s negligence exacerbated their condition or caused a new injury. Expert testimony can often help establish the standard of care and demonstrate how the provider’s actions deviated from that standard.

For example, if a patient with diabetes suffers an amputation due to an untreated infection, they may argue that the provider’s failure to properly monitor and manage their condition led to a severe outcome. The provider, on the other hand, may argue that the patient’s pre-existing diabetes was the primary cause of the complication. In such cases, expert medical testimony is essential to determine whether the provider’s actions were negligent.

What are common scenarios involving pre-existing conditions and medical malpractice

The following are some examples that involve pre-existing conditions and medical malpractice:

Failure to diagnose or misdiagnosis

One common scenario in which pre-existing conditions intersect with medical malpractice is the failure to diagnose a condition or a misdiagnosis of a condition. If symptoms overlap with pre-existing conditions, accurate diagnosis becomes crucial. For instance, if a provider dismisses severe headaches in a migraine patient without considering a stroke, this could be malpractice if it leads to worsening symptoms or injury.

Inadequate monitoring and aftercare

Patients with pre-existing conditions often need ongoing care. Failure to monitor or manage these conditions properly, such as neglecting regular check-ups or monitoring, can result in complications.

For instance, a patient with a pre-existing heart condition undergoing surgery should be closely monitored for signs of cardiac distress. If the healthcare provider fails to recognize and address these signs, leading to a heart attack or other serious complications, the provider may be held liable for damages caused by their failure to monitor signs of cardiac arrest.

Medication errors

Patients with pre-existing conditions often require multiple medications, making them more vulnerable to medication errors. Medication errors can include prescribing the wrong medication, incorrect dosages, or failing to account for drug interactions. When a healthcare provider fails to consider a patient’s pre-existing conditions when prescribing medication, the consequences can be severe.

For example, a patient with a history of kidney disease may be prescribed a medication that is contraindicated for their condition, leading to kidney failure or other serious complications. In such cases, the provider’s failure to account for the patient’s pre-existing condition may constitute medical malpractice.

Surgical errors

Surgical errors are another common area where pre-existing conditions could impact medical malpractice claims. Patients with pre-existing conditions may be at higher risk for complications during and after surgery, and it’s the responsibility of the surgical team to take these risks into account.

For instance, a patient with a history of blood clots may require special precautions during surgery, such as the use of blood thinners or compression devices. If the surgical team fails to implement these precautions, leading to a post-operative clot and subsequent complications, the patient may have grounds for a medical malpractice claim.

What are the legal issues in medical malpractice cases involving pre-existing conditions?

Proving causation:

• Establishing a direct link between the provider’s negligence and your injury is challenging but necessary. Your attorney will need to gather medical evidence and expert testimony to prove that the negligence exacerbated or caused your condition.

Statute of limitations:

• Maryland’s statute of limitations for medical malpractice cases is five years from the date of the injury or three years from the date of discovery, whichever is sooner. If your condition develops gradually, meeting this deadline can be particularly challenging. It’s essential to seek legal advice promptly to ensure your claim is filed on time.

How can I protect my rights as a patient with pre-existing conditions?

Take the following into consideration when you are a patient with pre-existing conditions:

Informed consent

Healthcare providers must inform you of the risks associated with treatment, especially when pre-existing conditions heighten these risks. Always ask questions and ensure you understand the treatment plan before proceeding.

Documentation and communication

Keep detailed records of your medical history and communicate this information to all healthcare providers. Clear communication helps prevent errors and ensures that your pre-existing conditions are properly managed.

Seeking legal advice

If you suspect medical malpractice due to a pre-existing condition, consult an attorney as soon as possible. An experienced Maryland medical malpractice attorney can help navigate the complexities of your case and advocate for your rights.

At Plaxen Adler Muncy, our medical malpractice attorneys can help you work through the legal process, gather the necessary evidence, and advocate for your rights. We can also provide valuable guidance on how to proceed with your case, including whether to pursue a settlement or take your case to trial.

If you or a loved one has experienced harm due to a healthcare provider’s negligence in managing a pre-existing condition, it’s important to take action. Medical malpractice can have serious, lasting consequences, and you deserve justice and compensation for your suffering. Contact the experienced Maryland medical malpractice attorneys at Plaxen Adler Muncy today for a free consultation. Call or submit our contact form to schedule your free case evaluation at one of our offices across Maryland today.