We go to the hospital or doctor's office expecting our health to improve, not get worse. Yet shockingly, a study by Johns Hopkins University found that in an 8-year period, over 250,000 deaths were attributable to medical errors. If negligent healthcare providers have left you with serious or life-changing injuries, you need to seek advice from an experienced medical malpractice attorney as fast as you can.
As most of us do not have medical or legal training, it can be hard for us to know when we have been a victim of medical malpractice. Medical errors can take many forms, from surgical errors and medication mistakes to misdiagnosis and delayed diagnosis. Understanding the various forms of medical malpractice is crucial to seeking the legal assistance you need.
In this post, we will explore how medical malpractice occurs and how to determine whether you have been a victim. We will also see how medical malpractice lawyers can assist you in pursuing fast and fair compensation that can help you rebuild your life.
Types of Medical Malpractice
We have all heard stories of obvious medical errors, such as surgery taking place on the wrong part of the body. However, other forms of medical malpractice may not cause immediate physical harm to be instantly recognizable.
The following are the most common types of medical malpractice.
Misdiagnosis
We rely on doctors to act like detectives, picking up various clues from our symptoms and the tests they run and arriving at the right conclusion. Sadly, medical professionals at times fail to evaluate the information correctly, leading to a misdiagnosis.
A 2023 report by Johns Hopkins Medicine stated that an estimated 795,000 people in the US die or sustain permanent disabilities due to misdiagnosis or delayed diagnosis each year.
This can have devastating consequences, especially in the following conditions that need to be treated as fast as possible:
- Stroke
- Sepsis
- Pneumonia
- Venous thromboembolism
- Lung cancer
Shockingly, the study found that stroke was misdiagnosed in 17.5 percent of all cases. In this and other cases, conditions that are not accurately diagnosed can lead to irreversible damage, impacting lifespan and the everyday enjoyment of life.
If you believe that a misdiagnosis resulted in the death of a loved one or your own serious injury, seek legal guidance as fast as possible.
Delayed diagnosis
If a condition is not diagnosed in a timely manner, the results can be devastating. The symptoms may worsen, possibly resulting in permanent disability or even death. Missed tests, mislaid bloodwork, and failure to follow established protocols could form the basis for a medical malpractice lawsuit.
Surgical errors
A surgery that does not result in the desired outcome, or that results in death, is not necessarily the same as a surgical error. It is important to seek advice from legal professionals as soon as possible after a suspected surgical error to allow them to investigate further.
Surgical errors can take several forms, including:
- Incorrect dosage of medication or anesthetic administered
- Surgery performed on the wrong site
- Wrong procedure carried out
- Failure to follow hygiene and safety protocols
- Causing excessive bleeding
- Nerve damage due to medical negligence
- Foreign objects left in a patient’s body
Any of these surgical errors can leave you in pain, out of pocket, and likely in need of further medical treatment. Medical malpractice lawyers can assist you in holding the healthcare provider responsible and pursuing compensation as quickly as possible.
Birth injuries
When a healthcare provider’s actions result in harm to a newborn baby, the parents may have the right to pursue a medical malpractice lawsuit. Common birth injuries include:
- Fractures (commonly to the clavicle or skull)
- Brain damage
- Asphyxia
- Nerve damage
While not all of these scenarios are automatically medical malpractice, legal professionals can review your case and consult medical experts to determine whether you have legal recourse.
Incorrect medication
This type of medical mistake can be related to a misdiagnosis. However, it could also relate to errors made when the prescription is filled, such as the wrong drugs being issued. Medication errors can cause serious consequences, especially if the patient is allergic to the incorrectly prescribed drugs or the prescription interacts badly with another medication the patient is taking.
Determining If You Have a Medical Malpractice Case
If you have suffered one of the scenarios mentioned above, a medical malpractice attorney can advise you on the legal options open to you. However, there are other telltale signs that you may need to act fast in seeking legal guidance.
No consent
Informed consent is a crucial component of any medical treatment. Before undergoing any procedure, a healthcare professional should explain its purpose, scope, and associated risks. Of course, exceptions apply in emergencies. However, generally, you can only give informed consent when you have a full understanding of the procedure.
If this step is not followed, and you suffer actual harm from the medical treatment, you may have a medical malpractice claim. This is true even if the healthcare professional did not deviate from standard medical practices when providing you care.
Severe complications
Medical treatments often come with predictable side effects or complications that are considered normal. However, if you are experiencing severe, unexpected complications, it’s time to seek medical advice and legal guidance.
Lack of follow-up
If you experience unusual side effects after treatment, your doctor should be prepared to follow up on your concerns. If he or she fails to address your concerns in a timely manner, this could be a form of medical malpractice. You may need to look elsewhere for medical advice but also seek legal guidance as fast as possible.
The takeaway? If you even suspect you may have been the victim of medical malpractice, do not keep your concerns to yourself. Schedule a consultation with a medical malpractice attorney, bring all the evidence you have with you, and discover whether you have legal recourse to make a claim.
Understanding Medical Malpractice Claims
Medical malpractice lawsuits are common in the United States, yet they are among the most challenging to win. Even when the evidence is considered strong, a review of medical malpractice verdicts found that only 50 percent of cases are successful. This underlines the importance of finding an experienced lawyer who aggressively pursues fast and fair results for medical malpractice victims.
To understand why these cases are so complex, let’s break down a few key features of medical malpractice claims.
Elements of medical malpractice cases
There are four key elements to every medical malpractice claim:
- Duty of care: If you had a doctor-patient relationship or another type of healthcare provider-patient relationship, then that professional had a duty to deliver the standard of care expected of professionals in that field
- Breach of duty: Medical errors constitute a breach of the duty of care, whether the errors were committed negligently, recklessly, or intentionally
- Injury: The harm or injury you have suffered must have been directly caused by the medical mistake made by the healthcare professional
- Damages: Your injuries must have caused you financial or other losses for which you are entitled to monetary compensation
To satisfy each of these points, your medical malpractice attorney will need to gather solid evidence to build a strong case that will give you the best chance of success as fast as possible.
Gathering evidence
Medical malpractice claims hinge on providing convincing evidence that the healthcare professional deviated from the standards and protocols that another professional with the same training and experience would normally follow in similar situations.
The following evidence could be critical to the success of your case:
- Medical records
- History of medical treatment
- Imaging tests, such as X-rays, CT scans, and MRIs
- Bloodwork results
Medical malpractice lawyers know the law, but they are not medical experts. They rely on medical expert witnesses to prove whether medical malpractice occurred.
Role of medical expert witnesses
Your attorney will likely consult a medical expert witness as fast as possible to evaluate the strength of your claim. A medical expert witness can do the following:
- Examine the evidence: Review medical records and test results.
- Written testimony: Provide a written opinion on whether the healthcare professional deviated from the expected standard of care in similar circumstances.
- Deposition: During the discovery phase of a medical malpractice lawsuit, the medical expert witness may be deposed and asked to provide a sworn testimony that could later be used in court.
- Testify and educate: At trial, the expert medical witness will be called to testify about his or her discoveries. In complex cases, the expert witness may need to educate the judge and jury by explaining the intricacies of the medical procedure to fully explain how the healthcare professional’s actions deviated from the standard of care expected in similar situations.
Negotiations and trial
After building a strong case to hold the responsible parties accountable, your medical malpractice lawyer will open negotiations with the healthcare professional’s insurance company. Medical malpractice cases are not only complex but there is a lot at stake for the clinician involved.
Doctors and other medical professionals want to protect their reputations. Also, they may sincerely believe that they were in the right. So it’s imperative to choose an attorney who can handle the rough and tumble of challenging negotiations that may go on for some time.
Some medical professionals may prefer the case to be tried in court. They may prefer the chance to publicly clear their name and feel the trustworthiness inherent to their role gives them an advantage.
These challenges underscore the importance of selecting a seasoned, aggressive medical malpractice attorney to represent you – one who will not be intimidated, even if the case proceeds to trial. Having an attorney who fights for fast and fair results will also help you determine when it is the right time to accept a settlement offer and when it is best to fight your case out before a judge or jury.
Seek Justice Fast With Gould Injury Law
Medical malpractice claims are complex and can have devastating consequences. The stakes are high, and medical malpractice insurance companies will pull out all the stops to try to prevent you from receiving justice. In this combative environment, you need an attorney who provides fast and aggressive representation and never gives up.
At Gould Injury Law, known as “The Fast Firm,” we take a personal approach to legal representation. We investigate thoroughly, push hard for fast and fair results, and are not afraid to hold any party responsible for their wrongful actions. Our case results testify to our success in achieving outstanding results for our clients.
With a free consultation and no fees, unless we win, you have nothing to lose by discussing your case with us. Call us today at 888-WIN-FAST or contact us online to find out whether you have a claim.
