O. Michel et T. Brusis, PROBLEMS OF MEDICAL INDEMNIFICATION IN TH E DIAGNOSIS AND TREATMENT OF SUDDEN DEAFNESS, HNO. Hals-, Nasen-, Ohrenarzte, 43(5), 1995, pp. 311-317
Claims for medical liability mostly arise when a patient believes that
his sudden deafness was not accurately diagnosed, diagnosed too late
or insufficiently or was not well treated. Guided by seven expert opin
ions potential problems in indemnity were depicted. A clear misdiagnos
is of sudden hearing loss (e.g., a hearing loss taken for eustachian t
ube disorder) will lead to an accusation of malpractice if the doctor
cannot prove an accurate otological examination and appropiate diagnos
tic studies. The burden of proof lies with the doctor. A further conse
quence of a missed diagnosis is a delay in treatment. In the literatur
e the good prognostic factor of early treatment has been stressed but
without delineating a clearcut line between ''in time'' and ''too late
''. An accusation of malpractice by insufficient treatment (pills inst
ead of infusions) has risen. Since an unequivocal treatment is not est
ablished and various modalities of therapy are still controversial, di
sputes could be settled more easily. The validity of ''no treatment''
may be considered but requires accurate diagnosis and the patient must
give informed consent. Such a procedure is justifiable, even from an
ethical standpoint, when the patient fully understands and agrees.