What Is The Assessment Of Psychological Consequences After Medical Negligence?
After receiving a medical intervention, unexpected consequences may appear for us, some of them generating discomfort or even having the capacity to aggravate an illness that could have been treated effectively if the treatment protocols indicated in the standards of good practices had been followed. . Sometimes, the effects of this negligent behavior on the part of healthcare personnel produce not only physical, but also psychological consequences.
Thus, psychological consequences can affect the person who suffers them to a greater or lesser extent and the branch of psychology that is responsible for identifying, studying and evaluating them scientifically, to clarify responsibilities if necessary, is Forensic Psychology.
The process of identification and assessment of the psychological consequences that occur after medical negligence It is carried out by qualified forensic psychologists, and is decisive in proving that this malpractice has occurred and in determining the relevant responsibilities.
Medical negligence or malpractice is a cause of legal action that occurs when a health professional does not act in accordance with the standards of his or her profession and does not base his or her intervention on his or her knowledge or skills, prioritizing health and rights. of the patient.
This type of negligence occurs in the professional context of the specialist in the treatment of pathologies, and Its causes can be diverse: momentary neglect, cases of stress, anxiety, work overload, fatigue or exposure to high states of work pressure
Forensic psychology professionals are specialists in providing relevant information about the psychological consequences of an alleged case of medical negligence, so that in a judicial process it can be clarified to what extent there are forms of discomfort that have been inflicted on a patient due to of malpractice and whether, as a consequence, something bad that has happened to the person treated is the responsibility or not of the professional who has carried out said intervention.
Besides, This psychological expertise work helps to quantify and/or analyze the damage that this may have on the treated person , to know the extent of that inappropriate or even illegal behavior. As a psychologist, I don’t decide who should compensate whom for what happened; It only provides valuable information so that judges can reach a conclusion with a deep understanding of what happened.
Depending on the negligent actions of a health professional, we can differentiate two types of medical negligence that have different characteristics: medical negligence and incompetence.
While medical imprudence consists of reckless behavior that puts the patient’s health at risk; inexperience is based on an absolute lack of knowledge, skill, experience or technical resources when carrying out their work on the part of the professional.
Assessment of the psychological consequences of medical negligence
When accurately carrying out a forensic psychological report to prove medical negligence, it is important to carry out a rigorous, scientific and exact assessment of the psychological consequences that may have occurred during a professional intervention.
These are the main aspects that are taken into account in the assessment by professionals specialized in forensic psychology.
The first thing that must be included in a medical negligence report is an analysis of reports on previous treatments that the person has had, as well as their evolution to date.
Provide detailed clinical history of the person will be of great importance to assess possible causes of their pathology, unrelated to medical negligence, if they exist.
2. Impact of the intervention
Secondly, the report will indicate the impact of the medical intervention that we are evaluating, to which the person has been subjected, as well as its demonstrable psychological consequences
This analysis must be carried out objectively and must be based on the scientific method at all times, to preserve the validity of the report.
3. In-depth evaluation of the current state
This evaluation of the person’s current state must be done by carrying out professional interviews with qualified psychologists and also by analysis of objective measures carried out by standardized tests
Evaluating the person’s condition will be of great importance to assess whether their pathologies are the product of negligent professional intervention.
4. Analysis of simulation cases
On some occasions it is possible that the person may be faking or simulating their illness or pathology of all kinds.
That is why its condition must be thoroughly evaluated to rule out any case of simulation.
5. Analysis of forward capacity
It is also important to measure, evaluate and analyze the person’s capacity for progress or recovery, after having been exposed to treatments and healing measures.
This analysis will allow us to evaluate How the patient evolves after the negligence and whether subsequent improvement measures take effect or not
As indicated, all tests performed on the patient must be standardized and contrasted.
If necessary, an estimate in points can be applied according to the scale of law 35/2015.
7. Analysis of other causes
Next, other causes that may be behind any pathology that the person may have must be analyzed.
This serves to ensure that your condition is not due to medical negligence and that there are other possible causes.
8. Forensic conclusions
After analyzing other possible causes other than negligence that may explain what happened, it is time to present the scientific conclusions of the forensic report.
In this section you must briefly indicate what the person’s current psychological state is and how it interferes with their normal life on a personal, family and work level
In addition to that, the causal link between the negligence and the medical situation arising from the person, both psychological and physical, must be explained in detail, detailing each of the current pathologies.
Finally, it is worth explaining the treatment that the person should follow and their prognosis for the coming months or years.
Do you want to have forensic psychology services?
If you are interested in having the support of a team of psychologists with experience in the field of forensic psychology and psychological expertise, contact us. In Azor & Associates we can help you.
