Medical Malpractice Can Take On Many Forms

When it comes to medical malpractice, it’s not just about what doctors do. It is also about what doctors don’t do. The failure to diagnose or to order specific types of treatment that may be needed, are an essential part of a malpractice case, and healthcare professionals can be sued for the things they fail to do when a reasonable health care provider in the same situation would have acted differently.

Former Basketball Player Sues

A former basketball player at Seton Hall University is suing the school for allowing him to play on an injury that he should not have been allowed to play on. The suit combines traditional (non-malpractice) principles with malpractice.

The former player, Myles Powell, says that the school allowed him to continue to play on a knee that had torn ligaments in it. He says that he was told the injury was “minor” and that no aggravation or worsening would happen if he played on the injury.

Oddly, the lawsuit names the team’s physician, but that individual according to reports actually has no medical degree. When Powell thought of going pro early, the school took out an insurance policy for him that would protect him in the event that he was injured.

Early in the 2019-2020 season, when Powell injured his ankle, he was told that he could play on the injury without making it worse. But the pain continued and moved into Powell’s knee. Powell says he kept on asking about his pain, and was told by school officials that it would do no further harm to keep playing. The only treatment he received, he says, was for pain management.

Misdiagnosis May Have Been Costly

His play would have earned him a top spot in the NBA draft. But his injury was misdiagnosed—a classic sign of malpractice. Powell had not sustained just a bruised bone, but had torn cartilage in his knee and shin. Proper medical care would have included advising Powell to sit out the season, according to the lawsuit.

Powell’s lawsuit says that his injury was not diagnosed, not treated properly, and he was not properly advised of the risks of continuing to play on the injury.

Malpractice Comes in Many Forms

There are many kinds of malpractice cases. Some may allege that an injury or illness was properly diagnosed, but too slowly, and that the delay caused further injury. Others may allege failures to prescribe medicines, or failures to recognize that a patient cannot or should not take certain medicines.

In Powell’s case, the suit alleges that physicians or the school did not take the steps needed to properly diagnose the injury, and then treat it as a prudent healthcare professional would do. Furthermore, non-doctors, such as school officials and the coach, who should have known better, are alleged to have looked the other way, and allowed the player to play on a known injury.

Were you injured because of something a health care professional did, or failed to do? Call the Clinton personal injury attorneys at Fox Willis Burnette, PLLC, for help today.

Resource:

usatoday.com/story/sports/ncaab/bigeast/2021/07/14/myles-powell-sues-seton-hall-kevin-willard-tony-testa/7974402002/