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The psychological impact of medical negligence goes beyond the trauma generated in a hospital or healthcare context; It is also due to the lack of knowledge of legal processes and the state of helplessness experienced by not having specialized legal advice on these issues.
Based on the above, on this occasion we will analyze the psychological consequences that victims of medical negligence may face, the key role of mental health experts and the value of a defense that is aware of this problem.
Medical negligence is an error that occurs when a professional does not act in accordance with the standards established in their healthcare practice and in a manner consistent with their knowledge and skills.
However, this situation can be confused with other forms of malpractice, such as an error due to incompetence (lack of experience), imprudence (poorly thought-out action) or with an accident (an unforeseen event that is not related to experience or judgment). of the professional).
Although, in no case, the damages are intentional, in terms of human rights, medical negligence threatens the protection of health, life and, sometimes, against access to health information.
In many cases, the consequences of being a victim of negligence are physical. However, the damage does not end there and it is common for patients to present psychological symptoms that can affect the development of their daily activities or their life project and, therefore, they must be treated by a specialist. Among the most important, we can mention the following:
This is a logical consequence of having received inadequate treatment and even harmful to health. However, at some point the person will require medical attention again and trusting a specialist will play a decisive role in their recovery, since the latter will depend on whether the patient follows the treatment instructions.
Anxiety is a state characterized by difficulty managing worry, recurring thoughts about the issue that causes it, loss of concentration in daily activities, and a feeling of irritability.
Physically, this concern may be related to one or more of the following symptoms:
• Agitation, feeling of being on the edge.
• Fatigue.
• Muscle tension.
• Drastic changes in sleep pattern.
• Drastic changes in eating pattern.
According to the DSM-V criteria, to diagnose this disorder it is necessary that these symptoms occur without being related to substance intake or any medical condition pre-existing the factor that triggered it.
In this case, depression may be associated with feelings of guilt for having undergone a certain treatment, anger against the staff or health institution, or a feeling of helplessness about what happened and the legal process that must be carried out afterwards.
Because of this, in addition to receiving psychological care, it is important to have the advice of a lawyer specializing in medical negligence during the claim process and search for compensation for damage.
When there has been a physical consequence after negligence, it may happen that people are affected in their self-perception, either due to changes in their appearance or due to the loss or diminution of some of their abilities. If this situation is not addressed through psychological care, the patient may experience isolation, loss of social skills and disinterest in activities that previously excited them.
Post-traumatic stress derives from an experience in which the person felt that they were unable to escape a real or imagined threat to life or personal integrity. Symptoms begin about a month after the traumatic event and are as follows:
When the trauma resulted from a treatment with repetitive processes in which the damage extended over time, we could speak of Complex Post-Traumatic Stress Disorder (CPTSD).
A clinical psychologist will help the victim accept what happened, desensitize the trauma through methods such as EMDR (Eye Movement Desensitization and Reprocessing) therapy, and reprocess the memories of that experience.
For his part, a forensic psychologist will be in charge of carrying out expert evaluations and documenting the psychological damage, to then gather evidence to confirm it and thus achieve adequate compensation.
In Mexico there are civil associations such as the Sonoran “If I don’t do it… Then who?”, which provide legal advice, moral support and psychological support to victims of medical negligence.
However, to receive psychological care and carry out the legal process, it is advisable to approach the Executive Commission for Attention to Victims (CEAV), where the compensation that the health institution must pay to the affected person or their family members will be calculated. relatives.
At Lex & CO, negligence lawyers, we can accompany you in this and other processes related to the repair of damage. We are committed to your health and peace of mind. Contact Us.
Carlos Figueroa Rodríguez, attorney at law at Lex & Co. He has more than 10 years of experience in specialized cases involving medical malpractice and insurance claims. He is a graduate of the Universidad Anáhuac and has a Master’s Degree in Constitutional Law and Amparo from the National Bar Association. He also has a Doctorate in Juridical Sciences from the UCI Mexico. Professional license 6577215.
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