Do you feel that you are victim of medical malpractice? The truth is that medical malpractice is more than you might think. It occurs where a healthcare provider, hospital, or doctor fails to meet the set standard of care. It is the responsibility of the care provider to provide an appropriate treatment after accurately diagnosing your medical condition. If you feel worse after you had been admitted, then, there is a possibility of medical malpractice. In such a case, you would need to hire a Vanderbilt medical malpractice attorney to fight for your rights. Find out if your case is one of the 10 common medical malpractice cases by reading below.
- Delayed Diagnosis/ Misdiagnosis
Delayed diagnosis or misdiagnosis is the number one reason for medical malpractice claims. The underlying rationale behind the claim is the fact that the patient ended up missing a treatment opportunity which might have prevented mortality or morbidity. Furthermore, it is common for a misdiagnosis to lead to an unnecessary treatment which might end up causing harmful negative side effects. In order for the plaintiff to be successful in such a case, the attorney representing the plaintiff has to effectively demonstrate that the doctor did not follow the standard of care as needed. This means that the doctor was not experienced and competent to handle the situation and made the wrong decision.
Childbirth is a very sensitive issue. During childbirth or pregnancy, the fetus could get injured in a number of multifarious ways. Some of these injuries are harrowing and include paralysis, seizure disorders, or cerebral palsy. Although some injuries are caused by nature, the physicians can get sued. Litigious injuries may get traced all the way back to the pregnancy care received. Moreover, failing to diagnose the medical condition of the mother such as in the case of lupus, HIV, herpes, gestational diabetes, hypoglycemia, anemia, RH incompatibility, and preeclampsia are considered to be negligent prenatal care. While giving birth, it is possible for iatrogenic injuries to stem from the failure to anticipate any birth complications that might occur due to the improper use of a vacuum extractor or forceps, the failure to effectively perform a C-section, and the fetal size.
Despite the fact that anesthesia mistakes tend to be less common as compared to surgical ones, they are more dangerous. Some examples of anesthesia mistakes which lead to medical malpractice claims are mentioned below.
- Use of defective equipment.
- Excessive anesthesia used.
- A neglect of vital signs.
- Failure to apprise the patient about necessary pre-operative procedures such as not eating in order to avoid aspiration.
- Failure to conduct a proper patient history which indicates possible complications.
In case there is any miscalculation in the anesthesia, it could lead to permanent brain damage, injury, or even death.
- Informed Consent
Informed consent is a serious issue. Physicians have a duty to follow their patients’ wishes and must provide them with sufficient information in order to make an informed decision. If the physician fails to ensure informed consent, it would invite a lawsuit. Patients that do not receive proper notification regarding the underlying risks of a procedure have the right to file a lawsuit if it led to a severe outcome.
Clinics and hospitals alike are filled with pathogens, including superbugs such as Staphylococcus aureus which are methicillin-resistant. Thus if healthcare negligence occurs, it would lead to serious infection which could be the basis for filing a medical malpractice claim. Despite the likelihood of a medical malpractice suit, only a small percentage of healthcare workers notify non-infected patients about hospital infections and its risks.
- Medical Errors
Medication errors is a main cause of death in hospitals. Such errors are grounds for many lawsuits because there is a limit to how many mistakes doctors or medical practitioners can make when it comes to medications. It is possible for a physician to make to mistake during the initial prescription and to administer an improper drug. The most common medication errors that exist involve dosages as well as wrong medications being administered to the wrong patient.
- Surgical Errors
When it comes to medical malpractice lawsuits, general surgeons are the most frequently named physicians. Many general surgeons have even been sued more than once. It is common for surgeons to occasionally make negligent mistakes like leaving instruments/ sponges in the body, operating the wrong anatomical site or blood vessel, or puncturing an organ. Moreover, the nursing staff can also make mistakes during the post-operative treatment phase such as by administering the wrong medications, failing to provide adequate post-operative instructions which causes complications, or inappropriate intervention which causes infection.
- Hospital Administration Errors
Not all hospitals are adequately staffed. Hence, staff shortages are common. With staff working extra hours and a lack of hiring, there is an inherent risk of hospital administration errors. Due to such errors, patients might end up not receiving adequate care and attention that they deserve. Hospital administration errors are a common reason why many plaintiffs sue hospitals.
- Special Malpractice
Specialists like radiologists, pediatricians, obstetricians, internists, cardiologists, and other specialized physicians have a responsibility to provide their patients with the best care. They need to be competent and experienced in order to perform their duty. However, there are instances where these specialists end up making mistakes that lead to substantial damage to the patients. Thus, patients end up filing a medical malpractice claim against the specialized physician to seek justice. Specialists have a greater responsibility to provide patients with the best care and to leverage their expertise in order to do so.
- Failure to Adequately Monitor Patients
Hospitals and clinics have a responsibility to adequately monitor their patients and to ensure that their needs are taken care of. The healthcare provider has to provide patients with necessary medication and treatment, especially when the patient’s condition worsens or changes. Failure to do so would result in a malpractice claim.