When a patient is damaged by a physician or nurse (or other medical professional) who fails to supply correct health care treatment, medical malpractice cases emerge. Fortunately, medical facilities, nurses, and medical professionals make errors in a small number of cases. Within that small minority of cases, certain types of errors crop up more often than others. Read on to find out about the physician and medical facility errors that make up the bulk of medical malpractice claims.
A word of caution on the types of medical errors described below: Remember that just because a medical professional made a client or a mistake was dissatisfied with a course of treatment or its result, that does not indicate malpractice necessarily occurred. In order to meet the legal meaning of medical malpractice, the medical professional or medical supplier have to have been negligent in some way– meaning the medical professional was not reasonably proficient or proficient, which incompetence harmed the client.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis and delayed diagnosis account for a big portion of medical malpractice problems. When a physician misdiagnoses a condition (or fails to detect a major disease for some time), the client may miss treatment opportunities that could have prevented severe harm or even death.
The key in proving a medical malpractice claim based on misdiagnosis or delayed diagnosis is to compare exactly what the dealing with doctor did (or didn’t do) to how other proficient doctors within the exact same speciality would have managed the case. The treating doctor may be liable for malpractice if a skilled and reasonably experienced physician under the exact same situations would not have made the diagnostic error.
Giving birth Injuries
A number of fetal injuries can be caused by medical malpractice, liking brain injuries (such as spastic paralysis and seizure conditions), fractured bones, and erb’s and klumpke’s palsy (damage to nerves that manage the arms and hands). Keep in mind that these injuries are more frequently triggered by something other than medical malpractice.
A physician or obstetrician’s negligence can happen throughout giving birth or long previously.
Irresponsible prenatal care. It might hurt the mother or the fetus (or both)if negligent medical treatment is provided during the pregnancy. Some examples of negligent prenatal care consist of the doctor or obstetrician’s:
- failure to identify a medical condition of the mother, such as preeclampsia, Rh incompatibility, hypoglycemia, anemia, or gestational diabetes
- failure to recognize birth defects
- failure to determine ectopic pregnancies, or
- failure to diagnose a disease that could be transmittable to the mom’s fetus (such as herpes or neonatal lupus).
Neglect throughout giving birth. A doctor’s carelessness throughout giving birth might trigger injury to the infant and harm to the mother. Typical medical errors during giving birth consist of the physician or obstetrician’s:
- Since the umbilical cord got tangled, failure to anticipate birth issues due to the child’s large size or
- failure to react to indications of fetal distress
- failure to purchase a cesarean area when one was appropriate, or
- inept use of forceps or a vacuum extractor.
A patient may be harmed if the physician prescribes the incorrect medication. Or the client may be hurt by medication that the medical professional recommends to treat a misdiagnosed condition.
However, by far the most typical medication mistakes involve dose– the client gets too much or insufficient of a drug. This can occur several ways:
- The medical professional composes an incorrect dosage on the prescription.
- The prescription is proper, but the nurse provides the inaccurate amount.
- Equipment that administers the drug breakdowns, triggering a big dosage of medication to be provided over a short time period. For instance, this can take place when a defibrillator has a dead battery or an intravenous pump has a dislodged valve.
Anesthesia errors are normally more hazardous than surgery mistakes. Even a small mistake by the anesthesiologist can lead to long-term injury, brain damage, or perhaps death. An anesthesiologist can dedicate medical malpractice even prior to anesthesia is provided by:
- failing to examine the client’s case history for possible issues, or
- If preoperative directions aren’t followed (like not consuming for a specific duration of time previous to surgical treatment), failing to notify the patient of the dangers included.
Anesthesia errors that can occur during surgery consist of:
- offering too much anesthesia to the patient
- failing to keep track of the client’s vital signs
- improperly intubating patients (putting a tube in the trachea to help with breathing), or
- using faulty devices.
Surgical treatment Mistakes
Some medical malpractice declares develop from errors made in the operating room. A cosmetic surgeon might be negligent during the operation itself (piercing internal organs, operating on the incorrect body part, or leaving medical instruments in the body) or the nursing personnel might be negligent in administering post-op care (which might lead to problems like harmful infection).
Getting Assist with a Medical Malpractice Case
Medical malpractice cases are controlled by complex policies that can vary considerably from state to state, so it’s typically vital to get recommendations or representation from a legal representative who has experience handling medical malpractice lawsuits.