Doctors Liability for Negligence in Diet Treatment

When a patient is on a restrictive diet plan for medically necessary reasons, it is crucial that the patient continues to follow the plan.  Failure to follow the diet plan could result in serious injury or even wrongful death.  For instance, if a diabetic must follow a low sugar diet but fails to do so, severe complications could ensue.  Another example is if a person must maintain a low sodium or sodium-free diet.  Failure to do so can result in serious medical consequences. Additionally, certain types of medication require the avoidance of particular foods.  For example, individuals who take Coumadin or other blood clotting drugs must avoid a lengthy list of foods. 

If the patient ingests too much of these prohibited foods, the patient may incur a slower rate of blood clotting and could potentially bleed out.  Finally, before having surgery, there are diet restrictions.  For instance, most surgeries require that the patient not eat or drink anything for a specified time period prior to the surgery.  If the patient is not given these instructions, or if a hospital feeds a patient despite the restriction, the patient could be seriously injured or die.

Medical Diet Errors and Doctor Liability

• Possible Risks of Diet Errors
• Doctor or Hospital Liability for Negligence
• Suing the Doctor or Hospital for Malpractice
  

Possible Risks of Diet Errors

There are different risks for diet error, depending upon the nature of the patient’s diet plan.  For a diabetic, failure to adhere to a medically required diet plan can result in the following:

• hyperglycemia
• kidney problems
• ketoacedocis
• death

For a person on a low sodium or sodium free diet, failure to follow the plan can result in the following:

• hypertension
• stroke
• heart attack
• death

For individuals taking blood thinning medications, failure to adhere to a specific diet plan can cause:

• uncontrolled bleeding
• stroke
• death

Doctor or Hospital Liability for Negligence

When a patient is under the care of a physician while in a hospital or other facility, there is a duty owed to the patient by the physician and the institution for reasonable medical care.  If a patient must follow a specific diet plan, failure to adhere to the diet can result in medical malpractice.  Frequently, this type of malpractice occurs when there is an error on the part of the facility.  For instance, if a person must receive a diabetic diet plan, the wrong meal may be provided to the patient, resulting in serious injury.  Additionally, providing food and drink to a patient where there is an order not to do so prior to surgery can result in malpractice if the patient aspirates during the surgery.  Other ways that liability may result from failure of a physician or health facility to provide a specific diet, is by the physician or health care provider to properly obtain a full medical history.  If there is no note made to a patient’s chart about the restricted diet, a typical meal may be served to the patient, causing injury.  Finally, simple neglect of the patient’s dietary requirements and restrictions may result in medical malpractice.

How to Sue a Doctor or Hospital for the Injury

In order to commence a law suit based upon medical malpractice arising out of an error in diet plan, one should retain the services of an experienced medical malpractice attorney. An attorney who possesses experience in handling diet plan error law suits will have a sophisticated medical and legal understanding of how poorly controlled diet can result in injury and malpractice; this expertise can result in the recovery of substantial amounts for the patient.