However, in the medical field, mistakes can be costly and even potentially deadly.
Medical malpractice is a gravely serious issue, and it is now the 3rd leading cause of death in the US.
While sorting your way through whatever damages the negligence of your healthcare providers may have caused, it can be difficult to discern what qualifies as medical malpractice and what does not.
We’re here to help better understand this problem and what to look out for, with some examples of medical malpractice that occur most frequently among claims.
The following are instances of medical malpractice that may happen to you.
Whether it’s from an improper prescription or a mistake made in surgery, these circumstances are common cases of medical malpractice that you can reference when deciding if you should make a claim:
As much as we advise you to trust and consult your healthcare providers, no doctor is correct 100% of the time.
Although mistakes happen, healthcare providers must follow standards of care, and inaccurate diagnoses can have deadly consequences.
A Johns Hopkins study shows that 1 in 3 misdiagnoses lead to serious injury or death, and unfortunately, being misdiagnosed is not an uncommon occurrence.
However, a misdiagnosis doesn’t necessarily mean it’s grounds for a medical malpractice lawsuit.
Here are some criteria to help you find out if your misdiagnosis qualifies for a medical malpractice claim:
The doctor provided you with misdiagnosis for a less serious injury.
The doctor did not consult with other healthcare providers to confirm his diagnosis.
After realizing that treatment for the original diagnosis is not working, the doctor tests you again to find that his original diagnosis was wrong & that your injuries have progressed.
In addition to misdiagnosis, delayed diagnoses can also be an example of medical malpractice.
If your doctor fails to diagnose you in a timely manner and it leads to damages, you may have a viable malpractice claim.
For a delayed diagnosis to be considered malpractice, the doctor must have provided less treatment than what would be considered standard among other doctors.
Studies show that about 5 percent of patients who seek outpatient care annually receive a delayed diagnosis.
The doctor may have neglected to administer a test that would have normally been given.
It must be proven that you would have been better off if you had received treatment sooner.
It can be tricky to identify, so when in doubt, contact us for any questions you have.
Surgical errors are highly feared and possibly the first thing one thinks of when talking about medical malpractice, and it’s understandable why.
Surgeries, no matter how small, carry some risk of injury or death.
While people who undergo surgeries are typically made aware of these risks, you may be eligible to sue for mistakes made that cause personal injury.
Such mistakes may include:
More than 4,000 preventable surgical errors occur every year, according to researchers.
A lot can go wrong in the process of prescribing medication to a patient.
Any one of the following examples may be grounds to sue from medication errors:
More than 100,000 medication errors occur every year, according to the FDA.
In addition to the examples above, the medication itself may be at fault.
The pharmaceutical company or manufacturer of the drug may be liable if their product causes undisclosed harm to the consumer.
These types of drugs may constitute legal action in the form of a bad drug lawsuit.
A subcategory of surgical error is anesthesia errors, which is one of the most common forms of surgical error.
Anesthesia error can result in very serious injury and even death – studies show that 1 in 200,000-300,000 patients die from anesthesia errors.
For this reason, anesthesia is almost always administered by a trained anesthesiologist and is handled with utmost care.
This, of course, does not mean that they will always do the correct procedure.
Anesthesia errors may occur at any point in the process of reviewing, administering, and monitoring anesthesia dosage by the anesthesiologist.
The anesthesiologist recommends a dosage of a anesthesia for a patient, but fails to review all of the other drugs being administered for the surgery.
One of the drugs used in surgery has a reaction with the anesthesia, resulting in the patient death.
Preparing for a new addition to the family is a time filled with joy, anticipation, and anxiety.
An infant is delicate and in need of great attention and care.
That said, it is all the more catastrophic when medical negligence impacts your baby for the rest of their life.
While it’s a scenario in one’s worst nightmares, 6 to 8 out of every 1000 people unfortunately have to endure this reality.
If any errors occur as a result of an oversight by the healthcare providers, such as errors during the birthing procedure or direct injury to the baby or mother, you may be able to make a claim for medical malpractice.
Some common mistakes resulting in birth injuries in include:
About 28,000 birth injuries are reported each year, according to the CDC.
Hospitals typically have a lot of traffic within them.
Lots of traffic means lots of pathogens, and as people come and go, both sick and healthy, improper cleaning procedures can result in you contracting an infection.
Hospital-acquired infections must meet the following criteria:
Among these hospital-acquired infections includes 4 common types of infection:
CDC outline common infections in hospitals, if you are interested in learning about more common hospital infections.
If you suffer injuries resulting from the negligent actions of your healthcare provider, there are certain steps that your can take to minimize the damages that you incur.
First, you should seek medical treatment from another healthcare provider to mitigate the extent of the injuries that you have incurred.
You may even consider receiving a diagnosis from more than one doctor to ensure that your new diagnosis is correct.
You should also collect evidence of the injuries resulting from malpractice.
Some forms of evidence of malpractice include:
Once you have mitigated your injuries, you should consider reaching out to a medical malpractice lawyer to discuss your legal options, including potentially filing a lawsuit.
If you are wondering, “do I even need to hire an attorney?“, you should start by requesting a free consultation with a lawyer to determine whether legal action is the right move for you.
DocPanel. “How Common Is Misdiagnosis” – Infographic.” DocPanel, https://www.docpanel.com/blog/post/how-common-misdiagnosis-infographic.
“New Medical Malpractice Statistics by State.” Rosenbaum, 28 Oct. 2019, https://www.rosenbaumfirm.com/medical-malpractice-statistics.html#:~:text=According%20to%20a%20study%20by,death%20in%20the%20United%20States.
Renfrow, Jacqueline. “1 In 3 Misdiagnoses Results in Serious Injury or Death: Study.” FierceHealthcare, 11 July 2019, https://www.fiercehealthcare.com/hospitals-health-systems/jhu-1-3-misdiagnoses-results-serious-injury-or-death.
“Types of Healthcare-Associated Infections.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 26 Mar. 2014, https://www.cdc.gov/hai/infectiontypes.html.
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