When you seek treatment from a medical practitioner, you put your full faith in their abilities. Unfortunately, healthcare providers are human and also make mistakes. While it may be easier to forgive some blunders, a medical-related error can have serious, life-altering consequences.
Medical malpractice can take on many forms. If you believe medical malpractice has caused you harm, do not hesitate to discuss your situation with a qualified medical malpractice attorney in your area.
What is Medical Malpractice?
Medical malpractice, also called medical negligence, occurs when a healthcare provider provides substandard care that results in injury or death to a patient.
Medical professionals, including doctors in all different specialties, owe their patients a high duty of care. When they fail to treat their patients with the appropriate level of care, they increase the likelihood of causing physical harm and even death.
It’s necessary to understand that healthcare providers are not liable for all harm their patients suffer. Some injuries and consequences are expected or inevitable, such as surgery complications. However, when a medical professional’s negligence is the cause of the patient’s harm, they can be liable.
If you believe you’ve suffered injury at the hands of a treating provider, it’s best to speak with a medical malpractice attorney. A lawyer can review the specifics of your case and determine whether you have a viable legal claim.
The Most Common Types of Medical Malpractice Claims
Many instances involving medical negligence can result in harm to patients. No two cases are the same, but the following are some of the most common medical malpractice situations that result in injuries and death.
Diagnostic Errors
Most will agree that the first step in treating a medical condition is the proper diagnosis. Getting to a diagnosis can involve several steps, from a physical examination to diagnostic tests, including x-rays, MRIs, and bloodwork. But what if there is an error in your diagnosis, and you’re unable to receive the treatment you need?
Diagnostic errors usually include providing a wrong diagnosis, a delayed diagnosis, or no diagnosis at all. Any of these mistakes can have detrimental consequences on your health. You may receive unnecessary treatment that can cause a whole host of other medical issues or no treatment for your condition. Any scenario involving a diagnostic error can result in serious harm and, sometimes, even death.
Failure to Treat
It is not enough to diagnose a medical condition; healthcare providers must also provide the right treatment.
Unlike a misdiagnosis or failure to diagnose, patients may receive the correct diagnosis, but the medical provider fails to properly follow through with treatment. This can involve failing to provide a patient with the necessary medication or surgical intervention.
If your treating physician diagnosed you with a medical condition but failed to give you the correct treatment, causing your health issue to worsen or a new problem to develop, you can have a valid medical malpractice claim.
Prescription and Medication Mistakes
Medication is supposed to heal or manage conditions, but errors with prescriptions and medications can cause more harm than good. These mistakes usually involve:
- Prescriptions for the wrong medication
- The correct medication but the wrong dosage
- Prescription for a medication a patient is allergic to
- Dangerous interactions between medications a patient is taking
Doctors writing prescriptions must take special care when prescribing certain medications. They should be careful to prescribe the right medication with the correct dosage and avoid any potentially hazardous drug interactions between new and existing medications. Additionally, physicians should warn patients concerning side effects.
Pharmacists must also be careful when dispensing medications to patients. They must supply the right medication at the dosage the doctor prescribes and provide correct instructions for how and when to take medication.
Medication issues can cause severe, life-changing injuries to patients. The wrong medication may eventually result in death.
Birth Injuries
A birth injury usually occurs during the most critical moments of labor and delivery. Birth injuries can affect expectant mothers but usually result in injuries to newborn babies.
Carrying and birthing a baby can seriously affect a mother’s body, and medical providers should keep careful watch over a mother’s health and any changes in fetal status. At any sign of change, including fetal distress, healthcare providers should take swift action to ensure the mother and baby’s safety.
Common causes of birth injuries include:
- Prolonged labor
- Misuse of medical tools, including forceps and vacuum extractors
- Oxygen deprivation
- Failure to diagnose health conditions for mother or baby
- Unnecessary force during childbirth
- Failure to act quickly during dangerous situations
Several birth injuries can result from medical malpractice, including, but not limited to:
- Cerebral palsy
- Erb’s palsy
- Brachial palsy
- Spinal cord injuries
- Facial paralysis
- Cephalohematoma
- Fractures
Birth injuries can be tricky to diagnose. Sometimes, a birth injury is evident soon after childbirth. However, in some cases, a birth injury does not become apparent until the child is a bit older.
If you believe your child has suffered harm during a birth injury, it’s best to take your concerns to a medical malpractice lawyer. These attorneys have extensive experience dealing with even the most complex birth injury cases and can determine whether your child was the victim of medical malpractice.
Surgical Mistakes
During surgery, many mistakes can happen. This is why going under the knife is a significant concern for numerous patients.
Some of the negligent acts that most often occur during surgery include:
- Making an incision or performing an entire surgical procedure on the wrong site
- Leaving surgical instruments inside a patient’s body before closing up the area
- Failure to properly sterilize surgical equipment, therefore causing severe infection
Any type of surgical mistake can cause unnecessary injury to patients, long-term health complications, and the need for additional surgeries.
Anesthesia Errors
Anesthesia is a crucial part of the surgical process. But sometimes, while everything goes right with the surgery itself, anesthesia errors can cause unforeseen problems for the patient.
Mistakes with anesthesia can include administering too much anesthesia or the wrong type of anesthetic medication. Additionally, some anesthesiologists administer too little anesthesia, causing the patient to wake during their surgery. When patients wake up in the middle of a surgical procedure, they’re more likely to be agitated, and sudden movements can cause extensive injury.
Medical Product Liability
It is not uncommon for individuals to require some sort of medical device, from pacemakers to joint replacements. About 10 percent of Americans have some sort of medical device implanted during their lifetimes.
Unfortunately, many medical devices are defective and, when implanted, cause additional health issues to patients. Medical devices can have several defects, either caused by a bad design or problems during manufacturing.
Hospital-Acquired Infections
While patients go to hospitals to heal, spending extended periods in hospital settings might hurt a patient’s health. Hospitals have many types of germs and bacteria, which, when introduced to a patient’s body, can cause serious, even life-threatening infections. On average, about one in 31 hospital patients suffers from at least one healthcare-related infection.
Certain patients, including those who recently underwent surgery or are immunocompromised, are more likely to acquire infections during their hospital stays. Getting an infection can severely delay a person’s recovery, require additional, extensive medical care, and can even result in death.
Discharging Too Early
Medical professionals and hospitals owe their patients a high level of care, which includes keeping them in-patient in the hospital for however long they need. Depending on the reason for a patient’s hospital stay, some patients need round-the-clock care longer than others. Discharging a patient too soon can have negative repercussions.
When a medical provider agrees to discharge a patient sooner than they should, the patient’s health may suffer. They don’t have the same level of care at home, and they’re more likely to experience certain complications without special medical attention.
Liability for Medical Malpractice
Determining who is at fault for your injuries is one of the most important parts of a medical malpractice claim. Some parties that can be at fault for medical negligence include:
- Treating physicians
- Anesthesiologists
- Nurses, including registered nurses, nurse practitioners, and nursing assistants
- Hospitals and healthcare facilities
- Pharmacists
Depending on the circumstances, one party can be liable, but multiple parties might also share responsibility. Knowing who is to blame for your injuries is key to ensuring you hold the right parties accountable for their wrongdoing. Because this can be challenging, getting help from a seasoned medical malpractice attorney is best.
What To Do After Suffering Harm Caused by Medical Malpractice
If you’ve suffered harm and believe it was due to medical malpractice, certain steps can protect your rights and allow you to fight for justice.
First and foremost, gather any relevant evidence you can. This can include everything from photos and videos to medical records and witness statements. Also, write down any details you believe might be important. Memories fade over time, so writing everything down can help ensure you don’t miss anything noteworthy.
Schedule a consultation with a medical malpractice attorney in your area whenever you can. During your consultation, a lawyer can address your questions and concerns and get acquainted with your case to give you an honest opinion. If you have a valid claim, they can begin working on your case right away.
It’s essential to move quickly if you believe you’ve been harmed by medical negligence. Depending on your state’s statute of limitations laws, you may only have one to four years to file a medical malpractice claim in court. Failing to act fast enough can result in losing your rights to obtain fair compensation for your related losses.
Understanding Medical Malpractice Lawsuits
When you have injuries due to medical mistakes, you can file a medical malpractice lawsuit.
Medical malpractice falls under personal injury law. In this area of law, plaintiffs harmed by others’ wrongdoing have the opportunity to pursue justice and financial recovery from the party responsible.
While medical malpractice cases are a type of personal injury case, like car accidents and slip and falls, they are unique. These cases involve medical providers, which, in some states, means different procedures. For example, in some states, you must have an independent medical professional assess the details of your claim to determine whether you have a valid claim. If so, then you can proceed with filing your lawsuit. Understanding your state’s medical malpractice laws and procedures is necessary for best results.
You must prove the responsible party was negligent to successfully establish medical malpractice. This means satisfying the required elements of negligence, including:
- Duty: The healthcare professional or hospital owed you a duty of care.
- Breach: The provider or medical center did not conform to the expected standard of care, resulting in a breach of duty.
- Causation: The breach of duty was the cause of your injury.
- Damages: You suffered damages from the breach, including physical, mental, and financial damages.
Proving medical malpractice can be particularly difficult, especially in complicated cases. This is one reason why having a medical malpractice attorney handle your case is critical. A lawyer has the skills, knowledge, and experience to take on your case and fight for your right to favorable compensation.
Damages for Medical Malpractice Cases
Damages compensate you for the expenses and losses resulting from medical malpractice. Based on the situation, you may be eligible to recover economic and non-economic damages, such as:
- Medical expenses
- Rehabilitation costs
- Lost earnings
- Diminished or lost earning potential
- Pain and suffering
- Emotional distress
Additionally, depending on the severity of your case and state law, you can also pursue punitive damages. Punitive damages punish defendants for the grossly negligent, malicious, or intentional actions that cause plaintiffs harm.
A medical malpractice lawyer can thoroughly review your case to determine how much your case is worth. Your attorney can represent your best interests and work to get you the financial recovery you deserve.
Seeking Legal Assistance for Your Medical Malpractice Case
When a healthcare provider causes you harm, you have rights. Consult with a local personal injury attorney as soon as you can. A lawyer can provide support and guidance during a trying time as they protect your best interests and fight to achieve the best possible result.
