We come to doctors and medical practitioners when we are at our most vulnerable. We trust them to look after us, heal us when we are unwell, and guide us through uncertain times. In the vast majority of cases, this is exactly what they do.
Sometimes, however, doctors make errors. This is when examples of medical malpractice can occur.
A study conducted by The Johns Hopkins University School of Medicine over the course of eight years found that around 250,000 people die every year due to medical error.
This makes medical error one of the leading causes of death in the US.
These are just the especially grave cases. Many more instances of medical malpractice occur each year that do not result in death but can still have serious and traumatic consequences for those they affect.
This post will examine what exactly medical malpractice is, as well as some of the most common medical malpractice examples, and what to do if you or a loved one falls victim to such a distressing incident.
What is Medical Malpractice?
To understand medical malpractice we must first understand what is malpractice. Malpractice is defined as any “instance of negligence or incompetence on the part of a professional”.
Medical malpractice refers to malpractice – or a substandard level of care or professionalism – that is committed by anyone practicing the medical profession. This is not only limited to doctors but can include nurses, surgeons, gynecologists, specialists of all kinds, and even dentists.
In order for a medical malpractice claim to be successful, the patient must be able to prove not only that negligence occurred, but also that they were caused injury as a result of this negligence.
Common Examples of Medical Malpractice
There are a variety of different types of medical malpractice. Below are some of the most common examples.
1. Surgical Errors
Surgery is a painstaking process. It requires high levels of skill and focus, and sometimes, unfortunately, it can go awry. Because of the high-risk nature of many types of surgery, when surgical errors are made, the results can be particularly dire.
Some of the most common types of surgical errors include the use of nonsterile surgical instruments, leaving foreign objects inside a patient, performing an incorrect procedure, or even performing a procedure on the wrong patient.
2. Misdiagnoses
It is actually more common than you might assume for a patient to receive a misdiagnosis of their condition. In fact, a recent study found that around 1 in 20 adult patients seeking outpatient treatment receive a misdiagnosis each year. Often, this will only be a minor mistake, without any serious consequences.
Sometimes, however, a doctor’s misdiagnosis can lead to something more serious. Some ailments can become far worse or even fatal if not properly diagnosed. Common examples include cancer, pulmonary embolism, thyroid conditions, and Lyme disease. It is in serious cases such as these that patients often choose to take legal action.
3. Injuries During Childbirth
Having a baby should be a magical time in a mother’s life, but it can also be stressful, painful, and scary. A doctor’s role is to help take the very best care of both mother and child throughout the entire process, from the early stages of pregnancy through to the birth itself.
Unfortunately, sometimes mistakes are made which can cause significant and lasting damage to either mother or baby. These can include things such as shoulder dystocia, Erb’s palsy, hemorrhaging during labor, and oxygen deprivation to the baby.
4. Anesthesia Errors
To administer anesthesia requires high levels of knowledge, skill, and training. It is a vitally important component of a great many surgeries, and if it is not done correctly, the negative consequences can be significant.
Some errors that anesthesiologists can potentially make in the course of their duties include not giving enough anesthetic, giving too much anesthetic, or administering an anesthetic that the patient is allergic to, or should not be taking due to their medical history.
5. Delayed Diagnoses
Not unlike a misdiagnosis, a delayed diagnosis can potentially spell long term illness, or, in particularly severe cases, death, for the patients involved. A delayed diagnosis often happens when a doctor fails to see the telltale signs of a particular illness, mistakes it for another, or fails to order necessary tests to investigate until it is too late.
Again, in more serious cases such as cancer or lupus, this can result in years of potentially avoidable suffering, or even loss of life.
6. Hospital Infection
Hospitals should be sterile environments, and the instruments and equipment used in hospitals, and all medical settings, should be sterile as well. Sometimes, however, the state of a clinic, doctor’s office, or hospital turns out to be less than pristine. If the utmost care is not taken to sanitize, sterilize, and clean at every turn, infections can easily be acquired.
Infections can range from producing mild symptoms to having seriously adverse effects on the health of those who acquire them. Particularly serious infections, such as pneumonia or MRSA, can result in death, especially in the old or infirm.
7. Medication Errors
Part of the role of a doctor is to prescribe medication to patients. This is an important function, and a proper amount of care and medical expertise should go into every decision and prescription. A patient’s medical history, as well as their current illness, must be taken into account when a prescription is written.
When it happens that a doctor does not take the proper care when prescribing medicine to a patient, numerous problems may arise. The patient might be already taking a medication that may clash with or counteract their prescription. They might be allergic to the medicine suggested. Or they might be prescribed the wrong amount. All of which can result in a patient getting sicker, rather than better.
What to Do if You’ve Been Affected by Medical Malpractice
The full list of examples of medical malpractice is far lengthier than just the most common cases laid out here. If you suspect that your healthcare provider may be liable for medical malpractice, the first thing you should do is to get in contact with a lawyer, to see if you have a case.
If you’re looking for an attorney in Hawaii, here at Cummings Law we have years of experience with medical malpractice cases of all kinds. Get in touch today to see how we can help you fight your case, and get the justice you deserve.
