Medical malpractice happens when a healthcare professional or facility provides treatment that falls below the accepted standard of care, resulting in harm to the patient. It could involve a misdiagnosis, surgical mistake, or even neglect during treatment.
These errors can have life-altering consequences, making it crucial for patients to understand their rights when medical standards are breached.
In this guide, you’ll learn what medical malpractice entails, how common it is, the types of errors that can occur, and what steps to take if you suspect you’ve been a victim.
Is Medical Malpractice Common?
Unfortunately, medical malpractice is more prevalent than most people realize. While healthcare professionals work tirelessly to provide quality care, errors still happen—and the consequences can be devastating.
A Johns Hopkins study found that medical errors rank as the third leading cause of death in the United States, contributing to over 250,000 deaths annually.
Another survey by the American Medical Association revealed that more than one-third of physicians 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 issues poses serious risks to patients and often results in significant harm or long-term consequences.
Misdiagnosis or Delayed Diagnosis
When a healthcare provider misdiagnoses a condition or delays a correct diagnosis, the consequences can be severe.
A misdiagnosis may result in improper treatment that worsens the patient’s condition, while a delayed diagnosis can allow a disease to progress unchecked. For example, consider a patient presenting with chest pain and fatigue. If a doctor misdiagnoses these symptoms as anxiety rather than a heart attack, the patient may be sent home without critical treatment. This delay can result in irreversible heart damage or even death.
This scenario qualifies as medical malpractice because it involves a failure to meet the standard of care expected in diagnosing a potentially life-threatening condition. A competent doctor in the same situation would likely have ordered diagnostic tests, such as an ECG or bloodwork, to rule out serious conditions like a heart attack.
When this standard isn’t met, and the patient suffers harm as a result, it becomes grounds for a malpractice claim.
Surgical Errors
Surgical procedures are high-stakes situations, and errors can lead to life-altering outcomes.
Common surgical mistakes include operating on the wrong body part, leaving instruments inside a patient, or causing nerve damage during surgery.
These errors not only harm patients physically but also lead to additional surgeries, longer recovery times, and emotional distress.
Medication Errors
Errors involving medication are among the most frequent and preventable types of malpractice. These mistakes can range from prescribing the wrong drug or dosage to administering medication improperly. For instance, a patient might receive a higher dose than intended, causing severe side effects, or be given a medication that interacts dangerously with another drug they are taking.
Doctors can be held liable for these mistakes because they are responsible for adhering to 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.
Failing to do so is considered negligence, and if the patient is harmed as a result, it constitutes medical malpractice.
Childbirth Injuries
Labor and delivery should be a time of joy, but negligence during the process can cause lasting harm to both mother and baby.
Common childbirth injuries include brain damage caused by a lack of oxygen, fractures, or nerve injuries during delivery.
These errors often result from improper use of delivery tools, failure to monitor the baby’s condition, or delayed intervention when complications arise.
Anesthesia Errors
Anesthesia mistakes can occur before, during, or after a procedure and often have catastrophic consequences.
Administering too much anesthesia may cause serious complications like brain injury or death, while too little can result in the patient waking up during surgery.
Errors in monitoring the patient or failing to consider their medical history can also lead to severe reactions or injuries.
Factors Contributing To Medical Malpractice
Several factors can increase the risk of medical errors.
Poor communication between healthcare providers or with patients often plays a major role. When information about a patient’s condition isn’t properly shared, mistakes are more likely to happen.
Healthcare professionals experiencing fatigue and burnout are another common issue. Long hours and demanding schedules can impair decision-making and attention to detail.
Inadequate staffing in hospitals and clinics leads to rushed care, making mistakes more likely.
Systemic issues also contribute significantly. Outdated hospital protocols, insufficient training, or a lack of oversight create environments where errors can flourish.
What Are The Impacts Of Medical Malpractice?
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 trust in the healthcare system
What You Should Do If You Suspect Medical Malpractice
If you believe you or a loved one may have been the victim of medical malpractice, it’s crucial to:
Seek A Second Opinion
If you suspect medical malpractice, 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 was found that there is indeed evidence of medical malpractice, the second opinion can serve as a critical piece of your case. It not only validates your concerns but also provides professional insight into how the care you received deviated from accepted medical standards. This information can highlight specific errors or negligence, whether it was a misdiagnosis, improper treatment, or a failure to act.
Gather Medical Records
Your medical records are crucial evidence in any potential malpractice 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 uncover whether negligence occurred.
Be sure to act quickly, as delays can make gathering accurate and complete records more difficult.
Contact a Personal Injury Attorney
Navigating a medical malpractice case can be complex, which is why consulting an experienced personal injury attorney is essential. A lawyer 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 pursue the compensation you deserve for your injuries and losses.
Beyond legal guidance, a lawyer plays a critical role in dealing with insurance companies. Insurers often aim to minimize payouts, and negotiating without proper representation can leave you with far less than you deserve.
Your lawyer will manage all communication, ensure your claim is well-documented, and advocate for a fair settlement that accounts for your medical expenses, lost income, and other damages.
With a skilled attorney by your side, you can focus on recovery while they handle the complexities of your case.
Conclusion
While medical malpractice is a serious issue, it’s important to acknowledge that most healthcare professionals are committed to providing safe and effective care.
However, when errors do occur, holding those responsible accountable ensures justice for harmed patients and encourages better practices within the medical community.