Did you know that medical errors cause 251,000 fatalities annually or 9.5% of all deaths in the U.S. each year? Medical malpractice is so widespread in the US that it is impossible not to know anyone who suffered from such a case. It is actually the third most common cause of death in the country.
Despite a significant number of medical malpractice claims being filed each year, a Harvard study reveals that only 1 in 8 cases of medical errors resulting in harm lead to malpractice claims.
If you have suffered from medical negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. According to Grand Rapids medical malpractice lawyers, having legal representation ensures that you are prepared to face the most challenging type of personal injury case.
In this article, we will walk you through the definition, elements, common types, and real-life examples of medical malpractice cases.
Definition of Medical Malpractice
Medical malpractice refers to the negligence or misconduct by healthcare professionals that leads to harm or injury to a patient. It is medical care that falls below the accepted professional standard of care.
To be considered medical malpractice, the healthcare provider’s actions must deviate from the accepted standard of care and directly cause harm to the patient. Santa Ana brain injury attorneys say that they have seen cases where a doctor’s misuse of a forceps during delivery caused a mild type of TBI.
Some examples of medical malpractice include failing to notice and treat a drug response in a given period. It can be due to a nurse failing to follow necessary fall precautions or a laboratory computer failing to count and interpret blood platelets correctly. Understanding the definition of medical malpractice can help patients recognize when they may have been victims and seek appropriate legal recourse.
Elements of a Medical Malpractice Case
To establish a medical malpractice case, you must prove certain elements.
- The existence of a doctor-patient relationship. This means that there must be a formal agreement between you and the healthcare provider, where they’ve agreed to provide you with medical treatment.
- The duty of care owed by the healthcare provider. They must have a legal obligation to provide competent and appropriate care to the patient.
- Breach of that duty of care. This means that the healthcare provider failed to meet the standard of care expected of them.
- Causation. This requires you to show that the provider’s breach of duty caused your injury.
- You must prove damages. It refers to the physical, emotional, and financial harm resulting from the provider’s negligence.
Common Types of Medical Malpractice
Medical malpractice can occur in various ways and can have severe consequences for patients. Being aware of these common types of medical malpractice can protect yourself and your loved ones.
- Misdiagnosis or Delayed Diagnosis: where a healthcare professional fails to correctly identify or timely identify a patient’s medical condition. This can lead to delayed or incorrect treatment, causing the patient’s condition to worsen and potentially life-threatening consequences.
- Medication Errors: these involve prescribing the wrong medication, administering the wrong dosage, or failing to consider a patient’s allergies or medication interactions. These errors can result in serious health complications, allergic reactions, or even death.
- Surgical Errors: These can include operating on the wrong body part, performing unnecessary surgeries, and damaging surrounding organs. These errors can cause severe pain, infection, complications, permanent damage, and even death.
- Birth Injuries: occurring during labor and delivery. These injuries can range from minor bruising to permanent disabilities or even death
- Trauma and Falls in Healthcare Facilities: Inadequate supervision or safety measures in hospitals or nursing homes may result in patients sustaining head injuries from falls or other accidents.
Steps to Take if You Suspect Medical Malpractice
If you suspect that you have been a victim of medical malpractice, there are steps you should take to protect your rights and seek justice.
- Gather all relevant medical records and documentation related to your treatment. This includes any test results, prescriptions, and notes from your healthcare provider. These records will serve as evidence in your case.
- You should consult with another healthcare professional to get a second opinion. This will help you determine whether there was negligence or wrongdoing in your treatment. They can provide valuable insights and expert opinions that can strengthen your case.
- Seeking a second opinion, it’s advisable to consult with a medical malpractice attorney who specializes in these types of cases. They’ll guide you through the legal process, advise you on the best course of action, and help you build a strong case.
- Keep detailed records of all conversations, appointments, and interactions related to your case. This includes documenting any symptoms, pain, or complications you have experienced as a result of the alleged malpractice. These records will be vital in proving the extent of the harm caused and the impact it has had on your life.
- Act within the statute of limitations for filing a medical malpractice claim. These time limits can vary depending on the jurisdiction, so consult with an attorney to ensure you meet all necessary deadlines.
Conclusion
Knowing what constitutes medical malpractice can protect your rights as a patient. By knowing the elements of a medical malpractice case and being aware of common types of malpractice, you can better recognize if you have been a victim.
If you suspect medical malpractice, you have to take immediate action and consult with a qualified attorney to explore your legal options. Remember that your health and well-being should always be your top priority.
