Medical Malpractice
What is Medical Malpractice?
The term "medical malpractice" means that a physician or healthcare provider-a doctor, nurse, dentist, technician, hospital, or hospital worker- has failed to do something that should have been done or has done something that should not have been done, resulting in injury or death. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. These 'standards of care' are defined as what a reasonably competent physician, surgeon, or healthcare practitioner is required to do under the circumstances involving the diagnosis or treatment of a patient. The prescribed standard of medical care may vary from state to state.
Health care providers can not guarantee the results of medical treatment. Because a poor outcome is not always the result of malpractice, it is sometimes not appropriate to file a lawsuit. Medical malpractice, when it does occur, can have various results.
Types of Medical Malpractice
Misdiagnosis
A medical provider's failure to diagnose a patient's condition may give rise to a valid medical malpractice claim. Misdiagnosis often occurs when a provider fails to run certain diagnostic tests or fails to diagnose a condition in a timely manner.
Prescription Drug Errors
The courts treat malpractice committed by a pharmacist in the same manner as medical malpractice: if a pharmacist or pharmacy technician fails to treat a patient with a reasonable degree of skill and care, they are guilty of medical malpractice. If a patient receives the wrong medication for a condition or the wrong combination of medications and suffers an injury as a result, a claim against either the doctor who prescribed the medication or the pharmacist who filled the prescription may be warranted.
Anesthesia Errors
Injury may occur when anesthesia is improperly given or not given in a timely manner to a patient. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable. Most doctors and hospitals carry malpractice insurance and some states even require that they contribute to a state patients' compensation fund.
Injuries During Pregnancy and Childbirth
A malpractice claim may be proper when an obstetrician fails to properly perform the proper laboratory tests, including diagnosing RH negative patients, a blood test or amniocentesis which would diagnosis possible defects in the unborn child or protect the mother from injury.
Medical care professionals handle most births and deliveries appropriately; however, medical negligence can occur. Sometimes physicians fail to diagnose or properly treat various conditions that arise during pregnancy. For example, placenta previa occurs if the placenta, which nourishes the fetus during pregnancy, attaches to the inside of the womb in a way that prohibits the baby from being delivered properly. If it is not diagnosed, significant blood loss can occur, which may result in the injury or death of the baby or mother.
A protracted delivery process, despite signs and symptoms or fetal distress, can result in birth injuries. If a necessary cesarean section delivery is delayed, the lack of oxygen reaching the child may result in injury or death. Deprivation of oxygen any time during the delivery process can result in permanent serious injury. The emotional and financial cost to a victim of malpractice during childbirth can be catastrophic.
Nursing Home Injuries
Injuries suffered by nursing homes residents may give rise to a valid medical malpractice claim. Health care providers include the professionals and staff of nursing homes. If these providers fail to provide appropriate care and treatment, they may be liable for any resulting damages. Nurses and other staff of a nursing home may also be liable for abusing or neglecting a patient. Abuse and neglect claims include those where the patient has developed bed sores or has been inappropriately restrained.
Nuclear Medicine (CAT Scans and MRls) Misinterpretations
CAT (computer axial tomography) Scans and MRls (magnetic resonance imaging) save thousands of lives each year by detecting problems in their earliest stages and in cases of emergency where the diagnosis could mean life or death to a patient - scans can detect internal bleeding injuries, spinal cord and brain injuries. Patient injuries arise when failures to read the scans appropriately cause an illness or injury to progress untreated.
Injuries Caused by Medical Malpractice
Inappropriate medical treatment may result in the following injuries:
- Birth Injuries
- Birth Trauma
- Cerebral Palsy
- Mental Retardation
- Skull Fracture
- Development Delay
- Erb's Palsy
- Paralysis
- Quadriplegia
- Late Cancer Diagnosis
- Fertility Problems
- Reduced Usage of the Arms and Legs
- Loss of Sight
- Loss of Hearing
- Wrongful Death
If you, a loved one or a friend have been injured while undergoing medical treatment, you may have a valid claim against a health care provider for medical malpractice.
Elements of a Medical Malpractice Case
Statute of Limitations
Because medical malpractice claims are time-limited, it is important to contact an attorney to discuss your claim immediately. The law referred to as the statute of limitations requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. If you do not file suit within this time frame, you can not file suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. Because you can completely waive your right to bring a lawsuit, it is important to consult an attorney as early as possible.
Prevailing in a Medical Malpractice Case
To prevail in a medical malpractice case, the injured party must prove:
- A reasonable health care provider would have behaved differently in the same or similar circumstances
- The health care provider breached that standard of care in this specific situation
- The unreasonable, careless or inappropriate behavior on the part of the health care provider the proximate cause of the jury or damages to the patient or client
To prevail in a medical malpractice case, all of the above elements must be proven. The failure to establish 'even a single element will prevent the successful outcome of a medical malpractice suit.
Proving a Medical Malpractice Case
To establish that medical malpractice has occurred the injured party must present expert testimony to verify the claims of negligence and economic damages. Generally, law firms that concentrate their practice in medical malpractice have long standing working relationships with medical and financial expert witnesses who have the qualifications and court presence necessary to maximize recovery.
If you have any questions regarding any of the above, please contact us at 678-593-3000 or email info@ausbandlaw.com.
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