May 31, 2022 | Medical Malpractice

We trust healthcare professionals such as doctors to provide us with a good standard of care when we approach them with health problems. Healthcare providers are required by law to provide a certain standard of care to their patients. When these professionals fail to uphold this duty, they can cause harm to their patients. When this happens, the injured patient has the right to file a medical malpractice claim against the healthcare professional or institution.

What is Medical Malpractice?

Medical malpractice is defined by law as errors or omissions by a healthcare professional while administering treatment to a patient that stray from the accepted standards and that result in the injury of the patient. It is a form of negligence. Some common types of medical malpractice include:

• Misdiagnosis
• Medication errors
• Childbirth injuries
• Surgical errors
• Failure to treat
• Using defective medical equipment
• Anesthesia errors

Common Causes of Medical Errors

Medical errors are now ranked as the third-leading cause of deaths in the country.  They surpass medical conditions such as diabetes and Alzheimer’s. Medical errors have in fact become so common that one in seven patients under Medicare have reported been the victim of medical errors. Understanding the root cause of medical errors and negligence is key in improving standards of care and preventing medical malpractice. Some of the most common causes of medical errors include:

• Problems with communication

Communication is vital when administering treatment. Many medical errors arise when there are communication breakdowns, whether written or verbal. Poor communication for example can result in misdiagnosis, medication errors or surgical errors.

• Inadequate provision of information

Information flow is vital for proper treatment. For example, adequate information must follow the patient as they are transferred from one healthcare facility to another. Patients must also be provided with adequate information on after care when they are discharged from a healthcare facility.

Inadequate flow of information can result in various medical errors including errors in prescription, surgical errors, misdiagnosis or even failure to treat.

• Reckless behavior

There are instances when medical malpractice is simply the result of the reckless behavior of healthcare professionals. Some healthcare professionals may flaunt standards of care, healthcare facility policies and other regulations. Their reckless behavior may result in the injury to the patient. For example, a doctor’s negligence may result in a patient not receiving treatment on time and dying as a result.

• Inadequate training

Healthcare professionals must have the right training in order to provide the best care to patients. Inadequate training and experience can lead to knowledge-based errors. Healthcare professionals may not provide the care required at the time that it is needed.

• Staff issues

Staff issues such as inadequate staffing can result in medical errors. Healthcare professionals are not able to provide the standard of care required. The pressure on healthcare workers in inadequately staffed facilities can cause the healthcare workers to make mistakes that result in harm.

• Technical failures

This may include failures or malfunctions with medical devices such as implants or equipment such as respiratory equipment. Failures may be the result of inadequate maintenance of equipment or poor procurement practices. Defective devices can result in serious injuries to patients.

• Poor or inadequate policies

Many errors in healthcare facilities are the result of not setting adequate policies or failure to document these policies and procedures. The facility employees do not have set guidelines to guide them in the provision of care.

Getting help for medical malpractice

If you or a loved one has suffered an injury as a result of the negligence of a healthcare professional or facility, you have the right to seek compensation for your injury. However, pursuing a medical malpractice claim can be complicated. You will need to prove negligence on the part of the healthcare professional. This often involves expert testimony from medical professionals of similar training and experience as that of the medical professional that was negligent. Other forms of evidence must also be presented to support your claim.

It is important to have the guidance and support of an experienced medical malpractice lawyer. Medical malpractice attorneys understand the law and know what is required to build a strong medical malpractice case. An experienced medical malpractice lawyer will:

• Review your case and determine if you have a valid medical malpractice claim
• Work with medical experts to establish medical negligence and determine what parties can be held liable for your injuries. They will determine what the required standards of care ought to be to demonstrate negligence.
• File a medical malpractice claim on your behalf. Your attorney will handle all the paperwork so you can focus on recovery.
• Represent you in negotiations with healthcare professionals, healthcare facilities or their insurance providers. Your attorney will fight to get fair compensation for your injuries.
• File a medical malpractice lawsuit on your behalf if you are unable to agree on fair compensation for your injuries. Your attorney will defend your claim before a judge and jury.

If you or a loved one has been injured as a result of the negligence of a healthcare professional contact us to consult with an experienced medical professional.

Medical Malpractice Lawyers