Medical malpractice is a term that is used to describe any wrongful action or omission by a medical professional. This includes doctors, nurses, and other healthcare providers. The term can also be used to describe defective products that are marketed as medical devices.
This can occur when a healthcare provider fails to meet the accepted standard of care for their profession. This could include making an incorrect diagnosis, performing the wrong procedure, or prescribing the wrong medication. It can also occur when a healthcare provider does not provide adequate information to the patient about their condition or treatment options.
Failure to diagnose a medical condition (overlooking) and/or misdiagnosis
Misdiagnosis is more common than failure to diagnose. A common example is when a woman goes to her doctor with pain in one breast and the doctor tells her it is nothing to worry about, but later she finds out that it was cancer all along. This could be considered medical malpractice since the doctor should have diagnosed the illness earlier.
Misdiagnosis can also be more complicated than just overlooking something. The doctor can also diagnose you with the wrong condition, or give you the right diagnosis after the illness has progressed way beyond any hope of effective treatment.
There are many types of surgery errors that can become dangerous to your health, but one type that is often cited in claims is operating on the wrong body part or leaving behind surgical tools. However, some types of surgery errors are more common than others, because certain surgeries are riskier than others, to begin with. These errors can occur when a patient’s doctor, anesthesiologist, nurse, or surgical technician fails to meet the standard of care. They may also occur due to faulty equipment.
When hospitals and other health care providers fail to properly care for their patients it can result in serious injury or death. These types of medical errors are called “never events”. While a patient’s doctor may have been negligent, the hospital could also be held responsible for the resulting harm under legal theories of vicarious liability and institutional liability.
In order to prove medical malpractice, it must be shown that a healthcare provider was negligent in providing care or treatment that resulted in injury or loss to the patient. It must be shown that the healthcare provider acted below the accepted standard of care and caused the patient’s injuries. If you or someone you know were in a situation like this you should contact lawyers like Buckingham Barrera Vega and hire them to help you. They have the experience and skills necessary to help you get what you deserve from negligent medical providers.
Errors involving anesthesia could be considered medical malpractice since anesthesia is supposed to ensure your physical and mental safety. Anesthesia errors account for about 8% of all malpractice claims in the US. To understand how anesthesia errors might occur, it’s important to know what happens during some surgeries:
- You are given anesthesia through an injection or breathing apparatus. This is designed to make you lose consciousness.
- You are put on a ventilator that breathes for you while you are unconscious. This is necessary because the anesthesia paralyzes your diaphragm, which means that it stops breathing by itself.
- A tube is then placed in your windpipe and connected to a machine called the ventilator that delivers air into your lungs.
- To monitor the amount of anesthesia, small electric currents are passed through your body to measure how deeply you are sleeping.
Once the procedure is over, doctors reverse these effects one by one until you wake up and breathe on your own. If anything goes wrong during this process (such as if the anesthesia machine is faulty or there are air bubbles in the breathing tube) then you could be at risk.
Medical malpractice in nursing homes
Nursing homes are required to provide care that meets the state’s minimum standards of acceptable care. If substandard care results in harm to a resident, it could be considered medical malpractice. For example, if a nursing home fails to monitor and treat bedsores (pressure ulcers) that develop on a resident, this could be a serious issue.
Medication errors are one of the most common types of medical malpractice. They often result from prescribing or dispensing medications that are the wrong dose, the wrong drug, or both. Some medication errors can lead to serious injury or death for patients. Medication errors can occur in hospitals, nursing homes, pharmacies, and when patients take their own medications.
Improper medication or dosage
Improper dosages are often the result of medication errors. This includes overdoses, which can cause serious injury or death to patients.
For example, an error in dispensing medication can happen when a pharmacist misreads a doctor’s prescription and gives the wrong dosage amount to the patient. This could cause harm if the patient is on other medications that interact with the incorrect dosage. If the patient believes that they may have suffered harm because of a medication error, it is important to document what happened. You could also end up paying more for medication that you should have.
Poor follow-up or aftercare
Poor follow-up or aftercare can also be a sign of medical malpractice in a patient’s care. For example, if a doctor fails to schedule a follow-up appointment for a patient that has been treated for cancer, this would be considered a poor follow-up. It could indicate that the doctor is negligent and not following accepted practices in inpatient care.
Furthermore, a doctor’s failure to give a patient the proper aftercare instructions after surgery could be considered malpractice. For example, if a surgeon fails to tell a patient how much time it will take for them to recover, or what activities they should avoid during recovery, this would also be considered medical malpractice.
Disregarding the patient’s history
If a doctor fails to take into consideration the history of injuries, symptoms, or conditions that a patient may have had in the past, this can be considered his error. For example, if a doctor misdiagnoses an ear infection because they are unaware that the patient had previously suffered from one or failed to inquire about symptoms or other conditions that made it clear that the patient was suffering from an ear infection, this could be considered malpractice.
Medical malpractice can take many different forms, from errors in medication dosage to poor follow-up care. If you believe that you or a loved one has been the victim of medical malpractice, it is important to document what happened and speak with an attorney. The attorneys at our firm are experienced in handling medical malpractice cases and are ready to help you get the compensation you deserve.