Can you sue a Polyclinic for failure to diagnose?
-
I got an uncle who got diagnosed with cancer stage 3... Tumor growth near the shoulder blade.... But the thing is he has been going to the polyclinics many times complaining his shoulder is painful and every single time they diagnose muscle ache and just give pain killers....
Its only when he went to a family doctor after 4 months of the shoulder pain when the doctor say there could be a growth and need to go for X-ray.... After X-ray then realized there is a tumor...
In America, there got such thing as "Failure to Diagnose"
http://www.youtube.com/watch?v=vxObJB5M4DE&feature=relatedbut in Singapore can do such thing?
-
if only there is a clear case of negligence or malpractice
if everyone sued for things like these, it'll become like the US where they will refuse treatment to anyone who is brought outside their premises unless a paramedic handles the patient...
or worse, in the latest case, the staff in the hospital refused to help a woman who slipped, fell and broke her hip IN THE HOSPITAL because there weren't any paramedics to move the patient to the emergency...
all these were because of the incessant suing by people over there...
-
Maybe can complain to Singhealth or NHG Polyclinics first. See what they do, most likely closed doors compensation... rather than dealing direct? Cos after all, some illnesses are hard to identify to begin with without x rays or blood test.
Sueing direct, dont forget the legal costs and the emotional pain ur uncle has to go through the hearings. -
Visit your nearest Community Center and arrange for a free legal clinic consultation.
-
But the thing is he have the pain for 4 months.... All they way he believe the doctor say just muscle pain until he cannot tahan and go to family doctor....
4 months and no one noticed somethng might be wrong?
-
Complain of shoulder ache was very common. Your uncle also never mentioned about pursuring a specialist for better diagnoisis. So it was not negligence.
-
firstly, inform the clinic. Anyway, the facilities in the polyclinic aren't as advanced as those in hospitals, please bear this in mind.
testing for cancer requires more than x-ray and scans. you need to do antigen-antibody as well.
-
In SG you will not get anything.
-
nothing one lah.
all my friend got when her father passed away in hospital was a letter of apology from the hospital. -
you want to complain, complain to the polyclinic first about the doctor. they will investigate the entire affair. you can also complain to spore medical council, the medical body. they have the power to censure, suspend or fine the doctor in question.
-
Depends on commitment to professionalism by doctors. Some doctors just could not be bothered to do a good job. Think your uncle is unlucky to meet not so bright or cannot be bothered kind of doctor. Rampant in public clinics and hospitals.
-
Mike, check it out which government company, Singhealth or NHG is this doctor from. Then base on this to go to the respective company to lodge complaint.
-
Negligence must be proved. Can your uncle (or his lawyers) prove that the doctor has been given enough information, and failed to act reasonably competently in accordance with his expertise. Note, the standards differs from locum, regular GP, and specialists.
The doctor need only show that he did act correctly according to the information given to him at the time of the visits.
Nevertheless, it is best to make a complaint, so that the next person with shoulder pain won't be just given some Salonpas plaster.
-
its very difficult to win judgment for such cases.
whats the point?
what if you lose the case? you'll incur a big sum of lawyer fees?
frankly, not the very rich do such things.
-
yes u can.
and i shall not mention the legal fees and time needed for the whole process.
-
TS, by all means, go for it. sue the polyclinic.
Who have better and more advance equipment? Polyclinic or GPs? If your GP is able to diagnose possible cancerous growth on the first visit, assuming that he did it by visual means, your polyclinic doctors should be ashamed of themselves.
The cancer was left undiagnosed for 4 months, and many things could have happened during this period. For cancer, the earlier you detect, and the earlier you do something about it the better. Treatment could be less complicated and less costly if the doctors have detected it 4 months earlier.
Stage 3 cancer is no joke, and the chance of recovery is much lower than stage 1 cancer, where a simple surgical removal of the tumor will cure your uncle of cancer. At stage 3, he would have to go for surgery, and go through a painful chemotherapy and radiotherapy regime, where it is also very costly too. It can easily cost a very hundred thousands, depending on severity.
In the event that your uncle couldn't make it, that 4 months lost would also be very significant. He could have better prepare his family for bad news with the 4 extra months.
Who is responsible for this act of negligence? Your uncle was responsible. He knew that something was not right, and therefore he did the right thing to seek medical advice, from professionally trained doctors. And the fact that he did so on multiple occasions reaffirm he has acted responsibly.
On the other hand, doctors had repeatedly misdiagnosed him, when he seeked their medical advice. Given their capacities as trained medical doctors, your uncle had followed their professional judgement, and was punished with cancer, and to me, i considered that a criminal breach of trust, gross incompetence, and criminally negligent.
If you merely submit a complaint, it would be kind of useless, unless your uncle are very very very well off, and care more about face than money.
They will probably go through a lengthy investigation, which usually will take around 1,2 years, even for the most simple and obvious of cases. And after that, the most they will do is to give a warning letter to the doctor, and a letter of apology for the patient.
Will that letter of apology improve your uncle's health? Will it reduce the cost of medical treatment? especially when the medical cost is exacerbated due to their misdiagnosis.
You will need solid compensation to cover for the cost of treatment, and to ensure that the doctor is duely punished. If not by hanging his license, at least make him feel some pain in his pockets.
Cancer is no small matter, and a misdiagnosis and the subsequent delay in treatment can result in death of the patient. When your life is at stake due to someone's negligence and incompetence, that person should be held accountable and responsible.
As for cost of legal advice, usually your estate would offer free legal clinics for free legal consultation. Sometimes, lawyers also take on pro bono cases.