The Value of a Second Medical Opinion
If patients have any doubt whatsoever about the status of their health, the explanation given by their doctor for their symptoms, or the care they receive, they should not wait to get a second medical opinion. It literally can save their lives.

April 09, 2009 /24-7PressRelease/ -- The Value of a Second Medical Opinion

Article provided by Ronald J. Bua & Associates. Please visit our Web site at www.ronaldbua.com

Patients depend on their doctors to tell them when something is wrong and to provide them with the best possible medical care. When that includes surgery, patients literally place their lives in their surgeons' hands, trusting them to perform the procedure properly.

Patients are not guaranteed perfect outcomes. Every treatment option has its risks, and doctors are required to explain those risks fully before ever beginning a course of treatment or performing surgery. But sometimes something goes wrong -- not because it was a risk, but because the doctor made a mistake. If a patient is harmed because of the doctor's negligence, then he or she may have the right to pursue a medical malpractice case to recover compensation for injuries.

Two of the most common types of medical malpractice cases emerge from surgical errors and a physician's failure to correctly diagnose an illness, ailment or disease. It is estimated that diagnostic errors are committed in 10-30% of all medical cases. Surgical errors alone have been estimated to cost more than $1.5 billion annually in the US.

Limited Time for Taking Legal Action

Pennsylvania has a two-year statute of limitations for bringing a medical malpractice case for injury or wrongful death. In cases of injury, this time limit begins running when the injury occurs or, in some instances, when the patient discovers the injury.

In Pennsylvania, a medical malpractice lawsuit must include a certificate of merit from a doctor, stating that the patient's doctor or medical provider failed to follow accepted medical practices. Because medical professionals are typically reluctant to testify in their own geographic communities, a patient or attorney must get a similar expert or an expert in the same field of practice from outside the community. This takes time to accomplish. It can take a lengthy time to get the certificate, so patients should act as soon as they believe that they have grounds for a lawsuit. An attorney can offer guidance on how to proceed.

Second Opinions Are Invaluable

One of the easiest ways patients can protect not only their legal rights, but more importantly their health, is to seek a second medical opinion any time they feel they aren't getting better, the treatments aren't working or the explanation that "everything is OK" just isn't true.

Patients may be inclined to continue seeing their family doctor or the surgeon who performed the initial surgery. In some instances, the patient may not want to or may be unable to travel to another town to see a new doctor. But if at all possible, patients should seek a second opinion from a new doctor who can look at the case with fresh eyes and help determine the source of the current problems, including malpractice committed by another physician.

Patients also should not be afraid to ask a new physician if their first doctor made a mistake. The new doctor may not be willing or able to state definitively that medical malpractice occurred, but the doctor's opinion on the matter may be beneficial.

Patients should seek a second medical opinion as soon as possible. Besides the obvious health benefits of doing so, a second opinion can alert patients to the potential of medical malpractice and allow them to pursue legal action before the statute of limitations period has run.

Patient's Duty to Mitigate Damages

Under the law, those who have been injured have a duty to mitigate, or limit, the damages they suffer. In medical malpractice cases, this means that patients have a duty to prevent or minimize further injury from occurring after the initial injury happens. This means that if the patient believes something is wrong, even though the doctor assures him or her nothing is wrong, the patient needs to see another doctor and find out what is going on.

The duty to mitigate also requires that patients follow their doctors' orders. This means taking medications according to the prescriptions and participating in rehabilitation treatments. It also means showing up for follow-up appointments.

A patient's failure to mitigate damages will not necessarily prevent him or her from bringing a medical malpractice lawsuit. It will, however, prevent the patient from recovering any compensation for injuries that occurred because of the patient's actions or inaction.

The bottom line: If patients have any doubt whatsoever about the status of their health, the explanation given by their doctor for their symptoms, or the care they receive, they should not wait to get a second medical opinion. It literally can save their lives.

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