People seek the assistance of medical professionals to receive adequate treatment or advice; therefore, they should do their best to prevent any harm to those seeking their services.
Of course, doctors can also make mistakes. However, often, the severity and consequences of these errors go beyond justification. Sometimes, their mistakes can leave people with lasting mental and physical impairment.
When a medical professional’s negligence results in physical or mental injury, the victim can take legal action and seek compensation.
Yet, a lot of time, injured victims don’t pursue a lawsuit, even when the injury alters their lives permanently. Why don’t they do this?
Sometimes, people are unsure if their injury qualifies for a medical malpractice lawsuit. In other instances, they may not pay adequate attention or delay filing a lawsuit to seek damages. However, filing a lawsuit against a medical expert who has been negligent might not only give you or your family financial relief but will also ensure these mistakes are not repeated.
Below are some medical mistakes that make you eligible for filing a lawsuit.
- Incorrect diagnosis
Incorrect diagnosis is one of the most common types of medical malpractice. A wrong diagnosis can occur in the following conditions:
- The doctor identifies a patient with the wrong condition.
- The doctor states that the individual does not have any medical illness (when they do).
- The doctor fails to identify a disease in a patient.
All these situations make a person eligible for filing a medical malpractice lawsuit. However, to be certain, they must discuss their situation with an attorney. If you’re unsure whether or not your situation qualifies for a medical negligence claim, visit www.lawfirm.com and consult a reliable attorney who can guide you before and after you file a claim.
- Late diagnosis
A late diagnosis is often associated with an incorrect diagnosis. In such situations, a doctor initially makes a wrong diagnosis or may even claim that the patient has no medical illness. However, they eventually make the right diagnosis. Unfortunately, the delay can worsen the patient’s condition, as they do not receive appropriate treatment on time.
A medical professional’s late diagnosis allows the patient to take legal action. It is especially true when the quality of their initial diagnosis falls below the standard of care expected of other physicians in similar situations.
- Surgical errors
Surgery is a crucial and often life-changing medical procedure, demanding a higher level of precision and care. However, errors can still occur during surgery, some of them bringing serious consequences for the patients. Surgical errors can be wide-ranging, from minor procedural missteps to disastrous blunders.
Some examples of surgical errors making surgeons and support staff accountable are the following:
- Performing surgery on the wrong body part
- Not following protocols and guidelines when performing a procedure.
- Damaging other organs or tissues during surgery
- Leaving objects, such as scissors, towels, sponges, etc., inside a patient’s body
- Not following the post-surgery procedure correctly
- Not providing enough information and guidelines to the patient after surgery for recovery
In the lawsuit, the attorney must establish that the patient got harmed because the medical professionals did not follow the standards of care expected of them.
- Anesthesia-related errors
Anesthesia errors can also cause a medical malpractice lawsuit, as such mistakes can be fatal for the patient.
Below are the cases that can be considered negligent errors:
- Failure to assess a patient’s condition before surgery
- Not providing necessary and correct instructions before operation/surgery
- Administering a higher dose of anesthesia, causing a life-threatening situation
- Administering a lower dose of anesthesia, leading to the patient waking up during surgery
- Failure to monitor the patient’s condition when they are under anesthesia
- Failure to place the breathing tool properly
Administering anesthesia to the patients requires precise dosing and monitoring to keep the patient safe. Medical professionals administering anesthesia to the patients must monitor their vital signs closely and adjust the anesthesia accordingly during the procedure. If they fail to recognize changes in the patient’s conditions, such as irregular heart rhythm and drop in oxygen, it could lead to cardiac arrest, brain injury, etc. As a result, the patient or their family members become eligible for filing a medical malpractice lawsuit.
- Childbirth injuries
Childbirth injuries occur when the doctors or the hospital staff fail to care for the baby before, during, and after the birth. In some cases, medical negligence can cause the death of the mother or child.
Here are some instances that can result in malpractice lawsuits.
- Providing improper care to the expectant mother
- Failing to diagnose complications on time
- Using assistive devices or forceps incorrectly, resulting in CP (cerebral palsy)
- Performing a C-section when it is not medically required
- Inadequate monitoring of the mother and the child during delivery
- Making anesthesia-related errors
- Not performing a Cesarean section when required
A birth injury can cause serious mental, physical, and behavioral impairments in a child. In addition, the cost of treatment for a child with birth injury spanning over their lifetime is also substantial. That’s why parents can file a medical malpractice lawsuit and demand compensation from the negligent parties to cover their baby’s cost of treatment and pay for other expenses.
- Medication-related errors
A medical professional can face a medical malpractice lawsuit when they commit serious medication-related errors.
Some instances of medication-related negligence are the following:
- The doctor or other medical professional administers the wrong dosage or medication
- The patient doesn’t receive the medicine needed for their recovery
- The doctor prescribes the incorrect medication
The benefits of filing a medical malpractice lawsuit
Filling a medical malpractice lawsuit has several benefits for the patients who suffered the injury and their families.
Below are some of the advantages of filing a medical malpractice lawsuit:
- Though a medical malpractice lawsuit is complicated and drawn out, it is still a way to seek compensation from the wrongdoing parties for their negligent behavior.
- The funds obtained through the lawsuit can enhance the patient’s quality of life by enabling their access to therapies and rehabilitation programs.
- Lawsuits can prompt changes in hospital policies, such as implementing rigorous criteria for hiring professionals and imposing hefty fines and punishments for those involved in medical negligence.
- Medical malpractice lawsuits can also deter such behavior in the future.
From minor illnesses to major conditions, doctors, nurses, and other healthcare members are usually the ones we rely on for relief and adequate treatment. Although some errors might be justifiable, medical practitioners must do their best to diagnose patients, administer the right treatments, and prescribe the correct medications.
Medical malpractice can include medication and anesthesia errors, wrong or late diagnoses, birth injuries, and everything else mentioned in this article. However, medical malpractice litigations can be very complicated, and you may not know if you qualify for it. Therefore, consulting a lawyer and filing a lawsuit must be your priority if you or someone you know has been the victim of medical negligence.