What is medical negligence?

Medical malpractice occurs when a healthcare professional or facility provides treatment that does not meet the accepted standard of care, resulting in harm to the patient. It could involve misdiagnosis, surgical error, or even negligence during treatment.

These errors can have life-altering consequences, so it is critical that patients understand their rights when medical standards are broken.

In this guide, you will learn what medical malpractice entails, how common it is, the types of mistakes that can occur, and what steps to take if you suspect you have been a victim.

Is medical negligence common?

Unfortunately, medical malpractice is more common than most people realize. While healthcare professionals work tirelessly to provide quality care, mistakes are still made and the consequences can be devastating.

A Johns Hopkins study found that medical errors are the third leading cause of death in the United States, contributing to more than 250,000 deaths annually.

Another survey by the American Medical Association found that more than a third of doctors had been sued for malpractice at some point in their careers.

Common Types of Medical Malpractice

Medical malpractice can take many forms, but some types of errors are more common than others.

Each of these problems poses serious risks to patients and often causes significant harm or long-term consequences.

Misdiagnosis or late diagnosis

When a healthcare provider misdiagnoses a condition or delays a correct diagnosis, the consequences can be serious.

A misdiagnosis can lead to inappropriate treatment that worsens the patient’s condition, while a late diagnosis can allow the disease to progress unchecked. For example, consider a patient who presents with chest pain and fatigue. If a doctor misdiagnoses these symptoms as anxiety instead of a heart attack, the patient may be sent home without critical treatment. This delay can cause irreversible heart damage or even death.

This scenario qualifies as medical malpractice because it involves failing to meet the expected standard of care when diagnosing a life-threatening condition. A competent doctor in the same situation would likely have ordered diagnostic tests, such as an ECG or blood work, to rule out serious conditions such as a heart attack.

When this standard is not met and the patient suffers harm as a result, it becomes grounds for a negligence claim.

surgical errors

Surgical procedures are high-risk situations and errors can lead to life-altering results.

Common surgical errors include operating on the wrong body part, leaving instruments inside the patient, or causing nerve damage during surgery.

These errors not only physically harm patients, but also cause additional surgeries, longer recovery times, and emotional distress.

Medication errors

Medication-related errors are among the most common and preventable types of negligence. These errors can range from prescribing the wrong medication or dosage to administering medications incorrectly. For example, a patient could receive a higher dose than intended, causing serious side effects, or they could receive a medication that dangerously interacts with another medication they are taking.

Doctors can be held responsible for these errors because they are responsible for meeting the standard of care when prescribing and administering medications. This includes thoroughly reviewing the patient’s medical history, allergies, and other medications to avoid harmful interactions.

Failure to do so is considered negligence and, if the patient is harmed as a result, constitutes medical negligence.

Childbirth injuries

Labor and delivery should be times of joy, but negligence during the process can cause lasting harm to both mother and baby.

Common birth injuries include brain damage caused by lack of oxygen, fractures, or nerve injuries during childbirth.

These errors often result from improper use of birth tools, failure to monitor the baby’s condition, or intervening late when complications arise.

Anesthesia errors

Anesthesia errors can occur before, during or after a procedure and often have catastrophic consequences.

Giving too much anesthesia can cause serious complications, such as brain injury or death, while too little can cause the patient to wake up during surgery.

Errors in patient monitoring or failure to take into account their medical history can also lead to serious reactions or injuries.

Factors Contributing to Medical Negligence

Several factors can increase the risk of medical errors.

Poor communication between healthcare providers or with patients often plays a role. When information about a patient’s condition is not shared appropriately, errors are more likely to occur.

Healthcare professionals experiencing fatigue and burnout are another common problem. Long hours and demanding schedules can impair decision-making and attention to detail.

Understaffing in hospitals and clinics leads to rushed care, which increases the likelihood of mistakes.

Systemic issues also contribute significantly. Outdated hospital protocols, insufficient training, or lack of supervision create environments where errors can flourish.

What are the impacts of medical negligence?

Medical malpractice can have profound consequences for patients and their families, including:

• Pain
• Disability
• Long-term health problems
• Anxiety
• Depression
• Post-traumatic stress disorder (PTSD)
• Medical bills
• Lost wages
• Rehabilitation costs.
• Loss of confidence in the health system.

What to do if you suspect medical negligence

If you believe that you or a loved one may have been a victim of medical negligence, it is essential to:

Get a second opinion

If you suspect medical negligence, the first step is to consult another healthcare professional. A second opinion can confirm whether your concerns are valid and whether the care you received fell below accepted medical standards. Another provider’s perspective often helps identify errors or oversights in your original treatment.

If it is determined that there is indeed evidence of medical malpractice, the second opinion can serve as a critical piece of your case. Not only does it validate your concerns, but it also provides professional information about how the care you received deviated from accepted medical standards. This information may highlight specific errors or negligence, whether it be misdiagnosis, inadequate treatment, or inaction.

Gather medical records

Your medical records are crucial evidence in any potential negligence case. Request copies of all relevant documents, including test results, prescriptions, and treatment notes. These records provide a clear timeline of your care and help discover if negligence occurred.

Be sure to act quickly, as delays can make it difficult to collect accurate and complete records.

Contact a Personal Injury Lawyer

Navigating a medical malpractice case can be complex, which is why it is essential to consult an experienced personal injury attorney. An attorney will evaluate your situation, explain your rights, and guide you through the legal process.

They can also connect you with medical experts to strengthen your claim and help you get the compensation you deserve for your injuries and losses.

Beyond legal guidance, a lawyer plays a vital role in dealing with insurance companies. Insurers often try to minimize payouts, and negotiating without proper representation can leave you with much less than you deserve.

Your attorney will handle all communications, ensure your claim is well documented, and advocate for a fair settlement that takes into account your medical expenses, loss of income, and other damages.

With a qualified attorney at your side, you can focus on recovery while they handle the complexities of your case.

Conclusion

While medical malpractice is a serious problem, it is important to recognize that most healthcare professionals are committed to providing safe and effective care.

However, when errors occur, holding those responsible accountable ensures justice for harmed patients and encourages better practices within the medical community.