Doctors, nurses, and other healthcare professionals have a huge responsibility towards their patients. The oath medical professionals take when they enter this field instructs them to serve humanity and provide the best patient care. Unfortunately, this does not always happen. Medical negligence due to an error in judgment by the hospital, doctor, or other healthcare worker damages a patient’s well-being. A civil claim gives the victim the right to demand compensation for the pain and the financial losses due to the said medical error. Any injury or harm caused by a medical practitioner’s negligence makes the medical professional liable for the damage by law.
There are numerous ways in which medical practice and treatment can go wrong. These usually fall under some general categories, as explained below.
Childbirth Injuries
Childbirth is never straightforward. An experienced doctor should be able to foresee any complication, be prepared for it, and cater to all eventualities to the best of their capacity. It should be their top priority to ensure that the mother and the child stay healthy and safe. A medical malpractice lawsuit becomes possible if the doctor or other healthcare worker gives inadequate care or uses faulty equipment that puts the mother and child at risk. Some childbirth injuries can result in permanent brain or skeletal deformations that require medical care and treatment for the child’s entire life. Some babies experience oxygen deprivation during the procedure due to medical negligence that causes brain injury leading to cerebral palsy. If you or anyone you know believes their child’s cerebral palsy was due to a medical error, they should hire the right lawyer and demand compensation. Seeking compensation for a lifetime of medical care and physical therapy requires a certified, experienced specialist. Google the term, “attorney cerebral palsy” and from the search results review the profiles of attorneys to gauge their expertise in pursuing a medical negligence case and select the one with prior experience.
Delayed Diagnosis & Misdiagnosis
Unfortunately, it sometimes happens that a doctor is unable to successfully identify or diagnose a medical condition, despite in-depth knowledge and experience gained over the years. It can be due to incorrect interpretation of test results or failing to consider severe illnesses as possible diagnoses. The delay in identifying the cause of a patient’s complaint adversely affects their health as they do not get the treatment on time. All these factors point towards a civil claim by the patient.
Another widespread medical negligence is rendering an incorrect diagnosis for a patient’s medical condition and putting the patient on the wrong treatment plan. It could easily result in the patient’s health worsening. The BMJ Quality & Safety study stated that about 5 percent of adults in the US are misdiagnosed in outpatient medical care. About 44% of cancers are misdiagnosed. Out of all the misdiagnosed cases, about 28% of all misdiagnosed cases are life-threatening (How Common is Misdiagnosis-Infographic, 2019).
Prescription Errors
According to NCBI, 7,000 to 9,000 Americans die annually due to medication errors. These errors can be due to:
- Wrong medication
- Incorrect dosage
- Incorrect instructions on administering medicine
- Prescribing too early or too late
- Failure to take into account medical history of conditions and allergies of the patient
These errors are very common. According to the FDA, it receives more than 100,000 reports associated with such errors every year. These errors can be devastating to the patient’s health and overall well-being. Taking the proper medication incorrectly or taking the wrong medication can lead to serious side effects that can be fatal. Similarly, drug reactions can cause skin abnormalities and cause the development of new health conditions that can be more bothersome for the patient. If the healthcare professional is at fault, patients can sue them for medical negligence.
Surgical Errors
Surgeries often involve significant risks. There have been many reports of surgical errors despite great advancements in medical research and technology. Before surgery, a surgeon must inform patients and attendants of the benefits and possible risks associated with any surgical procedure. If any side-effect, impact, or consequence of the treatment is not fully disclosed and the patient suffers from the said risk, then it means that the surgeon failed to obtain informed consent. It constitutes medical negligence, and a surgeon can lose their license.
Surgeries demand intense concentration and a steady hand. Small mistakes are very common during such procedures. Other uncommon surgical errors include leaving a tool or other equipment inside the body or operating on the wrong body part. The US reports approximately 4000 surgical errors yearly that can cause long-term medical conditions or even death (Medical Error Statistics, 2020). Medical malpractice can be traced by going through the surgery notes and identifying the errors and mistakes with the help of the right lawyer.
Anesthesia Errors
An anesthesiologist is responsible for administering the right amount of anesthetic to make sure the surgeon can perform the procedure smoothly. Many procedures require general anesthesia that puts the patient out, while some demand local anesthesia to numb a specific area. It is very common when patients are given a lesser dose of anesthetic patients wake up. Since they are still under the influence of anesthesia, they become groggy and impatient. There have been many cases where the surgical team did not see that the patient was awake, and the patient was unable to inform them due to his semi-conscious state.
On the other hand, administering higher doses of anesthesia can cause the development of other medical conditions, severe health problems, or even death. Too much anesthesia can lead to hypothermia, seizures, mental or physical impairment, dementia, prolonged unconsciousness, and brain injuries. Current statistics show that 1 in every 200,000 patients die due to anesthesia complications. An anesthesiologist can be sued for medical negligence during surgical procedures.
Patient Confidentiality
The Health Insurance Portability and Accountability Act of 1996, or HIPAA, is a federal law that protects sensitive patient health information. A patient can sue a doctor or any other healthcare worker upon disclosing such information without the consent or knowledge of the patient. If a hospital’s administration or any healthcare worker fails to keep the information confidential, the victim can legally claim for breach of privacy and sue for medical negligence.
According to HIPPA Journal, 2015 was the worst year as more than 113.27 million records were exposed, stolen, or impermissibly disclosed. The trends have been fluctuating since. The year 2021 saw over 40 million records exposed.
Conclusion
As a citizen, it is your right to receive the best possible medical care. A person who believes they have received improper care or have suffered medically due to negligence has the legal right to make a medical negligence claim. People need to understand these rights and make sure they remain protected. These cases can be tricky, especially when the lawsuit challenges doctors, staff, and administration of large hospitals. Consequently, it is vital to be entirely sure of your case and hire the right attorney. You deserve your chance to be heard and get the required compensation for the damage caused by medical errors and negligence and the suffering caused to you and your loved ones.
