A personal injury is an incident in which a person sustains an injury because of negligent practices. Medical malpractice falls under the category of personal injury, and it includes doctors’ errors.
What Constitutes Medical Malpractice?
A medical malpractice suit is a complex claim that usually requires the assistance of a knowledgeable and experienced attorney. The simple act of making an error does not necessarily qualify a patient to receive compensation for an injury. The victim or the lawyer must prove that a doctor, medical employee or facility acted in a way that intentionally caused the victim harm.
The attending physician or medical employee must have been aware of potential dangers, or the person must have disregarded an important element of treatment. In other words, the victim or the attorney must establish medical incompetency to qualify for personal injury compensation. Establishing fault in a medical malpractice case requires extensive documentation, a skilled lawyer, and strong testimonies from witnesses. There are several situations which constitute medical malpractice on the part of the physician.
Misdiagnosis or Failed Diagnosis
Diagnosing an illness accurately and in a timely fashion is crucial to the health and welfare of every patient. A misdiagnosis can cause a patient’s symptoms to exacerbate to the point of severe illness or even death. A missed diagnosis for an illness such as cancer, for example, can cause the victim to deteriorate rapidly. Additionally, improper diagnoses can cause a person harm because he or she may have been advised to take the wrong medications. In certain situations, taking the wrong medicine can have serious negative health implications for a patient.
Mistakes made during surgery are incidents that could qualify as medical malpractice. One example of a surgery mistake is an operation on the wrong organ. For example, a surgeon may operate on the left kidney instead of the right kidney. Another example of a surgical error is an instrument left inside of a patient. A staff member could be negligent by not cleaning the patient properly or failing to change medical bandages in a timely fashion, as well. Additionally, a staff member may forget to administer antibiotics to a patient. All aforementioned actions can qualify as medical malpractice errors and you should remember that there a numerous situations which could be classified as surgical errors.
Doctors, nurses and other staff members must communicate with each other to ensure that patients receive the proper medications and correct dosages. Some patients are allergic to medications such as penicillin. The allergy information should be in the patient’s chart. A nurse or doctor can be held accountable for endangering a person who is allergic to a specific drug. The nurse or doctor could receive a malpractice complaint if the patient’s condition worsens due to poor management of medication. Improper dosages can also qualify as medical malpractice.
Mistakes Administering Anesthesia
The administration of anesthesia is a serious responsibility. The patient must be in good health for a doctor to administer anesthesia. A qualified professional must check the patient’s vital signs and health history to ensure that person is not allergic to any anesthesia. A staff member must give the patient the right amount of anesthesia, as well. Failure to do such may result in serious injury.
Certain medical facilities are responsible for safely delivering a child without errors or complications. Sometimes complications such as “breech presentations” occur. A doctor may use forceps to deliver a baby with a large head or a strange presentation. The misuse of forceps can harm the newborn and could be a reason to bring forth a malpractice suit. Additionally, a doctor that harms a child during a Cesarean section delivery could be charged with malpractice.
How we can help you
Doctors are responsible for your well-being. As a patient, you trust your doctor’s judgement for receiving serious medical treatment. Mistakes made by doctors due to either negligence or carelessness are serious errors and may be a reason to sue for medical malpractice.
If you believe that you or a loved one has been injured due to a careless/negligent mistake made by a doctor, you may have the right to take legal action
Call Tucker, Nong and Associates to work with a qualified and experienced personal injury lawyer. Our professional team knows how to protect your rights and secure the compensation you deserve.