Medical negligence or malpractice is basically defined as, a breach of duty from a professional health care provider. Thankfully, these types of cases are rare, but when they do happen, the consequences can be life altering. The question arises, as to what constitutes as medical malpractice. Outlines below are some common types of qualifying medical malpractice situations.
- When a medical condition is misdiagnosed, the results could be fatal. A misdiagnosis could lead to incorrectly administered medication, or other prescribed treatments that will not be effective, and possibly have a negative side effect on the patient. These are very tough cases to prove in favor of the plaintiff, due to the fact, that it needs to be proven that other medical professionals would not have made the same diagnosis, based on the information that was available, at the time the diagnosis was made.
- Injuries to the baby or the mother during childbirth or injuries to the fetus during pregnancy are considered to be a form of medical malpractice. Some of these injuries can be severe, and affect cognitive function (such as cerebral palsy). Other injuries can include paralysis. It is important to note, that many physical and mental disorders are due to natural causes and no fault of medical personnel. That being said, if the negligence of a medical professional causes these types of medical conditions, or if the doctor fails to treat a condition that may result in these life altering conditions, this could be categorized, as medical malpractice.
- An error in medication administration is a common area of medical malpractice, and this can occur in a number of ways. For instance, a medical professional may prescribe the incorrect type of drugs or prescribe an incorrect dose. In addition, failure to notice the interaction with currently prescribed drugs may also be considered medical malpractice. In a hospital facility setting, it is possible that the wrong patient may be given the wrong medication. Improper dosing of medications is, by far, the most common error in drug administration.
- Surgical errors usually happen in the operating room. A punctured blood vessel or bodily organs are a couple of examples of surgical errors. Operating on the incorrect body part may also be grounds for medical negligence. The nursing staff, in a hospital may also make errors in postoperative care that may cause an infection.
- Anesthesia errors are rare, but they can be more dangerous than any type of surgical error, as the slight error by the anestheologist may cause brain damage or even result in death. Failing to know the medical history of the patient is the basis of anesthesia errors, as potential complications will not be able to be addressed, prior to administration of the drug, if this information is not known
If you believe that you or someone you know is a victim of medical malpractice, it is strongly advised that you seek help from a lawyer for medical negligence case. You want someone who is familiar with the current laws that are in place, to lead the case to victory.