Medical malpractice law raises complications best solved in consultation with an experienced attorney. The basic allegations of medical malpractice are based on the health care provider’s failure to provide the same degree of care that another clinician would likely offer to a similarly injured person. That doesn’t mean every mistake automatically becomes grounds for a medical malpractice lawsuit.
About one out of three clinicians will be sued for medical malpractice during their careers. One study revealed that the costs of medical malpractice run more than $55.6 billion per year. This amount includes the money medical companies spend on defensive measures against lawsuits.
1. Misdiagnosis of Your Case
Many cases that are initially misdiagnosed qualify as grounds for medical malpractice. Your doctor might not be able to identify the problem or identifies the wrong disorder. This can have a devastating effect on the treatment and prolong the course of the disease. In some cases, the treatment might have a negative effect.
Not every case of a misdiagnosed disease qualifies as malpractice. If the average clinician wouldn’t have more success at identifying the condition, you may not have grounds to sue. Contact a Tampa medical malpractice attorney immediately if you’re considering taking legal action.
2. Delayed Diagnosis
Doctors often make an educated guess that ends up being incorrect, but they usually correct the mistake over time. The delay in accurately diagnosing the condition can cause the health problems to become more severe and difficult to treat. This can work as a cause for medical malpractice if other doctors would have likely identified the condition right away or sooner.
3. Failure to Treat Adequately
Doctors often make the correct diagnosis but fail to choose the best treatment option based on various factors like medical history. The chosen treatment might be inadequate or produce too many dangerous side effects. This can result in medical malpractice for failure to treat the disorder adequately.
Doctors often become so busy that they fail to consider all treatment options in their arsenal. Doctors often accept the most common treatment course because it has fewer potential side effects and difficulties for the patient. Busy doctors often settle for the lowest common denominator when choosing a course of treatment.
4. Surgical Errors
Surgical errors that constitute medical malpractice include the following actions:
- Using non-sterile instruments during surgery
- Making a cutting error based on being overworked
- Performing unnecessary surgery
- Inadvertently damaging nerves or organ tissue during surgery
- Administering or authorizing too high a dose of anesthesia
- Leaving medical equipment or waste inside the body after surgery
Many victims assume that they’ve signed documents that protect the surgeons from malpractice lawsuits. Just because a doctor explains what can go wrong doesn’t absolve the surgeon from the responsibility of making mistakes.
5. Birth Injuries
Birth injuries often result in devastating results, and victims require expensive lifelong treatments.
Birth injuries that constitute medical malpractice are commonly caused by complications during the pregnancy or labor which are not handled appropriately by the medical staff. The obstetrician might fail to monitor the fetus adequately or detect a potential blockage of blood or oxygen to the fetal brain.
A mother’s health issues can also cause birth injuries, so all elements of the birth process must be carefully monitored. The prenatal care might be inadequate, or the unborn child’s health might be the issue. Birth injuries can result in millions of dollars in medical bills for lifelong care.
6. Medical Product Malfunctions
Medical products can also malfunction and result in injuries that constitute malpractice. These rank among the most difficult cases to pursue because of the technical aspects of proving the malfunction. Some devices don’t work as advertised and can actually make a medical disorder more dangerous to the patient.
The Bonus of Hiring an Experienced Malpractice Lawyer
It’s critical to know where you stand in your medical malpractice lawsuit. About 68% of claims are withdrawn, dropped, or dismissed, so you need the advice of an experienced attorney. An experienced attorney can help you prove your case, explain the complicated medical terms to the jury, and ensure that you sue for enough damages to cover your ongoing medical expenses.
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. He aims to draw in the public and make people more interested in the field. He is active on multiple platforms to increase his outreach to the public. Leland tirelessly covers all types of legal issues, but he has a personal preference for medical malpractice. This is mainly because he witnessed the implications of medical malpractice on a family member.