By Donald J. Morrison, J.D. and Andrew J. Kelleher, Jr., J.D., CPA, LL.M., Kelleher + Holland, LLC
Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, leading to harm or injury to the patient. A recent Johns Hopkins study claims more than 250,000 people in the U.S. die every year from medical errors, making them the third-leading cause of death after heart disease and cancer.
Despite its alarming prevalence, medical malpractice often flies under the radar. If you suspect you have been a victim of such negligence, it is crucial to seek legal assistance. Some common are below:
Misdiagnosis
Misdiagnosis happens when a healthcare provider incorrectly identifies a patient’s condition, leading to inappropriate treatment. This can cause a patient’s illness to worsen or result in harmful treatments. For a misdiagnosis to be considered malpractice, it must be shown that the doctor’s error was one that most competent doctors would not have made under similar circumstances.
Delayed Diagnosis
A delayed diagnosis occurs when a healthcare provider takes too long to identify a medical condition. Delays in diagnosis can lead to a patient’s condition worsening or becoming untreatable. Missed tests, failure to interpret results correctly, or ignoring symptoms are all potential causes of delayed diagnoses, and these are critical factors when building a malpractice claim.
Surgical Errors
Surgical errors can take many forms, including performing the wrong procedure, operating on the wrong body part, or leaving surgical instruments inside a patient. While surgery inherently carries risks, these types of mistakes fall outside the normal scope of accepted risk.
Failure to Treat
In cases of failure to treat, the healthcare provider correctly diagnoses the condition but does not follow through with proper treatment. This can include discharging a patient too early, not providing necessary follow-up care, or failing to provide treatment that meets the accepted standard of care.
Birth Injuries
Birth injuries are among the most devastating types of medical malpractice. Common examples include nerve damage, spinal cord injuries, and cerebral palsy, often caused by mistakes made during labor or delivery. These injuries can lead to long-term or permanent disabilities, which are often avoidable with proper care.
Prescription Errors
Prescription drug errors occur when a patient is given the wrong medication or dosage, due to a doctor writing the incorrect prescription or a pharmacy misfiling the medication. Prescription mistakes can lead to adverse drug interactions or serious side effects, particularly if the patient is already taking other medications.
Anesthesia Mistakes
Administering anesthesia requires precise dosing and close monitoring, and mistakes by an anesthesiologist can result in serious consequences, such as brain damage, extreme pain, or even death. Failing to provide adequate post-operative instructions or monitoring vitals during surgery can also qualify as anesthesia-related malpractice.
Infections Due to Negligence
Hospitals and medical facilities are meant to be sanitary environments, but if medical equipment is not sterilized or hospital environments are not properly cleaned, this could lead to avoidable infections that may escalate into life-threatening conditions like sepsis.
If you or a loved one has suffered due to medical malpractice, you deserve a thoughtful investigation of your case. It is essential to seek the advice of an experienced attorney who can assess your situation and determine if you may be entitled to compensation.
Kelleher + Holland, LLC is a nationally recognized, full-service law firm with 65+ legal professionals in North Barrington with decades of experience helping injured patients and their families receive a thorough explanation of their legal options. Contact Don Morrison or Andy Kelleher at (847) 382-9195 or visit www.kelleherholland.com for more information.