When do medical malpractice cases typically arise? Most of the time, they will come when a patient is harmed by a doctor or nurse who fails to provide proper health care treatment. The good news is that these mistakes are often times made only in a small amount of cases; however, in this small amount of cases, certain errors are more likely to happen than others. What many people need to keep in mind is that, just because a mistake was made by a health care professional, this does not mean that medical malpractice definitely occurred. In order to meet the criteria for malpractice, negligence needed to have occurred.
Misdiagnosis or delayed diagnosis attribute to many medical malpractice complaints throughout a year. When a condition is misdiagnosed or a serious disease is not diagnosed for some time, the patient might miss out on treatment options that could have prevented further injury, harm, or even death. To prove this claim, usually one must prove misdiagnosis or delayed diagnosis by comparing what the treating doctor did or didn’t do in comparison to how a competent doctor would have handled the situation had he or she been on the case.
Childbirth Injuries can also end up being caused by medical malpractice in many cases. This could include brain injuries like cerebral palsy, fractured bones, and erb’s and klumpke’s palsy.Negligence by a physician or obstetrician can happen during the childbirth process or long before it. Here are various examples:
- Negligent prenatal care: Upon receiving negligent prenatal care, the fetus or the mother could be harmed significantly. This could include failure to diagnose a medical condition of the mother, failure to identify birth defects, failure to identify ectopic pregnancies, or failure to diagnose a disease that could be contagious to the mother’s fetus.
- Negligence during childbirth: Furthermore, a doctor’s negligence during childbirth could cause injury to the baby or mother. This could include failure to anticipate birth complications due to the baby’s large size or umbilical cord tangling, failure to respond to signs of fetal distress, failure to order a cesarean section when one was appropriate, or incompetent use of forceps or a vacuum extractor.
Medication or Anesthesia Errors can also occur in some situations. According to a study done in 2006, medication errors can effect up to approximately 1.5 million people in the US each year. In some cases, a doctor may write an incorrect dosage on a prescription, nurses may administer the wrong amount, or administering equipment may malfunction and cause injury. Anesthesia mistakes may also be more dangerous than surgery mistakes. Small errors could result in permanent injury of the patient, brain damage, or even death.
Incompetence by Health Care Professionals
Many states may hold a hospital responsible if it gives staff privileges to an incompetent or dangerous doctor. When it comes to getting help, it is very essential to receive advice or representation from a lawyer. Medical malpractice is highly regulated by a complex set of rules, which can vary greatly from state to state. Speak to your attorney at WTW to see where you stand in your medical malpractice claim.