GeneralWhat Is Considered Medical Malpractice?

Medical malpractice refers to the negligence of a healthcare provider or professional to follow the care and ethical standards during the diagnosis or treatment of a patient. It involves the omission of providing an appropriate action or giving a substandard treatment to the patient, hence causing injury, harm, or death. Medical errors can also be about health management, medication dosage, or aftercare.

The US Medical Malpractice Center reports around 19,000 lawsuits against doctors every year. The law governing medical malpractice allows patients to claim monetary compensation for the harm or damage caused by the error.

If you’re unsure whether or not you or your loved one suffered from a medical malpractice, we’ll help you understand the common types of medical malpractice cases in San Diego and the rest of the US so you can make the right decision and get the compensation you deserve.

Diagnostic errors

These errors include failing to identify the health condition symptoms, delaying the needed diagnosis, or making a wrong diagnosis. The results of diagnostic errors can cause life-threatening consequences and harm the person’s physical or mental condition.

Surgical errors

The surgical errors involve removing the incorrect part of the body, failing to do the proper procedures, leaving sponges or tools inside the body, performing surgery at the wrong site, or subjecting a wrong patient to surgical procedure.

Anesthesia errors

Anesthesia is a necessity in pain management during a surgical procedure. It is crucial to educate the patients before the scheduled surgery about the risks. If the doctor does not follow this protocol, they may be subjected to medical malpractice. Also, an adverse reaction to the drug may cause harmful consequences or even death. Other anesthesia-related errors involve giving the wrong dosage, administering the wrong type of anesthesia, or keeping the patient sedated longer than necessary.

Medication errors

Sometimes doctors commit errors and prescribe incorrect medication to treat a particular condition. This can lead to allergic reactions or an adverse effect that compromises the patient’s health. It also includes recommending the wrong dosage, giving a drug that interacts dangerously with other prescribed medications to the patient, or administering a medication to the wrong patient.

Failure to treat

Another type of medical malpractice is when a doctor neglects to perform necessary tests to confirm the actual condition of the patient. This results in providing improper medication or performing inappropriate treatment to mitigate the symptoms of the illness. In addition, discharging the patient too early, negligence to check the medical history before recommending treatment, or failure to give necessary follow-up care are examples of failure to treat. Any of these cases can lead to dangerous effects that worsen the patient’s health condition.

Birth injuries

The injuries to the mother or the child before, during, or after childbirth lead to lawsuits against the obstetrician-gynecologist. Childbirth-related errors include nerve damage, cephalohematoma, shoulder dystocia, cerebral palsy, or spinal cord injury. They are caused by incorrect use of the forceps and other assistive devices, failure to recognize the signs of fetal distress, negligence to diagnose maternal infectors, or inability to perform vital cesarean section procedures when needed.

Injuries caused by other medical professionals

These injuries are outcomes of diagnosis or treatment from dentists, physical therapists, nurses, or hospital staff. The damages include persistent pain after the procedure, potentially fatal infection after the treatment, pressure ulcers, bedsores, and others.

For the injuries to be accepted as medical malpractice, the law governing this claim requires three distinct elements:

• Standard of care violation – Healthcare professionals observe and follow specific medical standards to ensure proper treatment and procedural performance. Receiving substandard care from your doctor is negligence.
• Negligence leads to injury – To be valid, the medical malpractice claim should also prove that his injury is due to negligence or improper treatment.
• Significant damage due to injury – For a medical malpractice lawsuit to be viable, the patient should show the extent of injuries they suffered due to improper surgery or treatment. This includes disability, unusual pain, loss of income, medical bills, and suffering from the outcome of the injury.

Takeaway

With substantial evidence of negligence resulting in injuries, the patient can file a case against a medical professional. An expert attorney can help you win the court battle and receive compensation based on the extent of damage due to medical malpractice. In some cases, the lawyers of both parties may recommend an out-of-court settlement to avoid legal battles and inconveniences. Once both parties reach an agreement, the case will be closed and no trials will take place.

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