Learn about the types of medical malpractice cases. Contact the attorneys at Salvi, Schostok & Pritchard P, C. Home medical negligence Types of negligence and medical malpractice Medical negligence occurs in many ways. The more you know about the different types of negligence committed by doctors, nurses, and other medical professionals, the better you can understand what happened to you or your loved one. Take a close look at the information in this section about the types of medical negligence that can harm patients and their families.
You should follow up on what you learn by scheduling a free, confidential consultation with us at our Chicago or Waukegan offices or wherever is most convenient for you. The medical malpractice attorneys at Salvi, Schostok & Pritchard P, C. If a diagnosis of a medical condition is missed or delayed, this prevents you from getting the treatment you need. Your condition, in turn, can worsen rapidly.
Diagnostics are often missed or delayed. For example, one study estimated that 28 percent of cancer cases in the U.S. In the United States, they are misdiagnosed, causing patients not to receive timely treatments, such as chemotherapy and radiation. Strokes and heart attacks are also often medical conditions that are misdiagnosed.
For example, a study of stroke victims found that approximately 1 in 10 went to the hospital less than 30 days before the stroke occurred. Of those patients, 1 in 4 returned home without a diagnosis or diagnosis of a benign condition. Doctors, nurses, laboratory technicians and others may be responsible if you or a loved one are harmed by not properly diagnosing your medical condition. For example, many parents today undergo prenatal genetic testing to determine if there is a risk that the mother will give birth to a child with a certain condition, such as cerebral palsy or Down syndrome.
If test results tell parents that there is no risk and the child is born with that condition, parents may have reason to file a lawsuit for genetic testing malpractice or illegal birth. During pregnancy, a woman will trust that her obstetrician will closely monitor the pregnancy, order appropriate tests, and prescribe safe medications. If the obstetrician is negligent, they may not identify gestational diabetes, birth defects or other damages. Doctors, nurses, or midwives can also make mistakes during labor and delivery, which can result in devastating birth injuries. These errors can cause a child to suffer physical trauma or to deprive him of oxygen, which can lead to brain damage.
In many cases, the error consists of not responding in a timely manner to complications such as excessive bleeding, fetal distress, shoulder dystocia, uterine rupture or umbilical cord entanglement. The doctor may not perform a C-section in time or may misuse forceps or extractors with suction cups. After the birth of a child, the hospital must continue to closely monitor the child's condition. The hospital must take appropriate action if there are breathing difficulties, heart problems, jaundice, or other medical problems.
Medications can be used to stabilize or improve the patient's condition. However, errors made when prescribing and administering medications cause serious harm. In fact, a study found that 1.5 million people are harmed each year due to medication errors. For example, a doctor may prescribe a medication that triggers an allergic reaction or that interacts dangerously with other drugs the patient is taking.
Patients are also harmed when they are given the wrong type or dose of medication, or when the medication is not administered on the correct schedule. Other medication-related errors include miscommunication, mislabeling, prescribing medications for “unapproved” uses, and lack of patient control. Anesthesia errors occur when doctors, nurses, anesthesiologists and other medical professionals do not properly check the equipment or monitor the patient's vital signs and level of consciousness during surgery. If a device does not work properly or anesthesia is administered negligently during an operation, the patient may suffer a stroke or heart attack, brain damage, psychological damage, or death. For example, general anesthesia should allow the patient to sleep and not feel anything during surgery.
However, if an error occurs, the patient may be alert and feel severe pain during the procedure and, at the same time, be unable to communicate that he is awake. This is commonly referred to as “anesthesia awareness”. Mistakes can also be made when administering spinal and epidural anesthesia, which can lead to complications such as spinal infections, nerve damage, seizures, and allergic reactions. Many surgical errors are considered “never” errors, or medical errors that are so shocking and harmful to patients that they simply should never happen. Examples of cases where “never” is said to include surgery on the wrong part of the patient's body or on the wrong patient. Leaving an object inside a patient, such as a surgical instrument or a surgical sponge, is also a mistake that should never happen.
Hospital-acquired infections (HAIs) can cause serious and potentially fatal illnesses, such as sepsis. In many cases, patients suffer from infections when the negligence of doctors, nurses, and hospital staff allows harmful germs and bacteria, such as MRSA, to spread to patients. Because they are at high risk of contracting infections, patients must be carefully monitored while hospitalized. Often, a patient's harm is due to medical professionals not diagnosing and treating an infection in a timely manner.
Diagnostic errors are one of the main types of malpractice in emergency rooms. This is especially problematic when a patient goes to the emergency room for a dangerous condition, such as a stroke or heart attack. The condition may be misdiagnosed as a less serious condition, such as headache or heartburn. Many emergency room errors are due to overcrowding, understaffing, and poor training.
Radiological errors have serious consequences, such as pregnancy complications, cancer progression, or worsening traumatic brain injury. Dentists, like other medical professionals, have a duty to follow the accepted standard of care when providing services to their patients. When a dentist fails to meet this standard and, as a result, a patient is harmed, the patient may file a negligence claim. Patients who are victims of dental negligence can suffer damages such as infections, broken teeth, chronic pain, or the progression of a disease.
A lack of control can cause the medical professional to miss signs of complications, such as respiratory or heart problems, allergic reactions, infections, blood clots, and internal bleeding. Before a doctor performs a procedure, prescribes a medication, implants a medical device, or undertakes any other treatment for you, the doctor has a legal obligation to obtain your informed consent. Informed consent means that the doctor has described the nature and extent of the treatment or has described the nature of the medication or medical device. The doctor must also explain the medical reason why a particular medication, medical device, or treatment plan is recommended.
Above all, your doctor must ensure that you understand the risks and benefits you are facing. If you have suffered harm due to a lack of informed consent, you may be entitled to compensation for medical malpractice. A health maintenance organization (HMO) may be responsible for the negligence of doctors, nurses, or other medical personnel under its control. However, in many cases, the HMO may be responsible for its own negligent or intentional conduct.
HMO registration forms may contain a binding mandatory arbitration clause that seeks to deprive the patient of the right to file a lawsuit in court. It is important to have this clause reviewed by an experienced attorney, as it may not be enforceable. The lack of treatment violates the standards of care that a medical caregiver accepts when caring for patients, according to the Western Journal of Emergency Medicine. This negligence is a common cause of malpractice lawsuits.
In some cases, the lack of treatment by a doctor is due to the fact that he sees more patients than he can care for. This requires the professional to analyze their resources and direct the patient to another caregiver who can provide treatment. Misdiagnosis Not diagnosing a disease or diagnosing a disease incorrectly is a common medical error. As the name suggests, “misdiagnosis occurs when a medical provider incorrectly diagnoses a patient's symptoms.
The misdiagnosis is often related to serious illnesses, such as heart disease or cancer. This is a common cause of medical malpractice lawsuits and, for example, a patient who was told that he did not have a heart problem, but who had actually already had a heart attack and, soon after, had a more serious attack. These are usually physical injuries sustained during childbirth and can affect both the mother and the baby. In newborn babies, a birth injury (often referred to as “neonatal birth trauma”) can include many things, from bruises to a bone fracture or more serious conditions, such as brain injury or nerve damage.
Dental errors that are made during dental treatment include the misdiagnosis of dental caries, the lack of X-rays before starting treatment, the carrying out of unnecessary procedures, and the incorrect placement of fillings or the wrong removal techniques or placement of fillings. This can result in additional costs for corrective treatment, as well as pain and trauma. One of the most common forms of medical malpractice is misdiagnosis or late diagnosis. When healthcare providers don't accurately diagnose a medical condition in a timely manner, patients may experience a delay in treatment, a worsening of their condition, or a loss of opportunities for recovery.
In conclusion, understanding the most common types of medical malpractice cases can help patients and their families protect their rights and seek justice. Whether it's a misdiagnosis, surgical errors, birth injuries, or nursing home negligence, it's critical to be informed and proactive. If you or a loved one have experienced any type of medical negligence, it's crucial to seek legal assistance to overcome the complexities of these cases. According to Florida Statutes, medical malpractice lawsuits must generally be filed within two years from the date the damage resulting from the negligence was discovered.
Some types of surgical errors are known as “events that never happen,” meaning that the medical profession recognizes that these errors should never occur. Lack of treatment: refers to the inability of a doctor or medical professional to take appropriate steps to diagnose or treat the condition. Medical professionals are subject to professional ethics and codes of conduct, which means they must provide you with the best possible level of care.
