Common Errors Made by Doctors and Hospitals
Healthcare providers should not be expected to perform miracles, yet there is a universal expectation for a level of care that facilitates the most favorable outcomes. However, like all professionals, medical practitioners - including doctors, nurses, and other healthcare staff - are not infallible and can make errors that lead to patient harm.
In the legal realm, these mistakes are classified as medical malpractice. Victims of such errors have a right to seek compensation for damages by initiating a medical malpractice lawsuit. Since this is a tough task to take up alone, speaking to attorney Russell Berkowitz can help. This article underscores some of the prevalent errors healthcare professionals commit that may constitute medical malpractice.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis and delayed diagnosis contribute to most medical malpractice cases. Misdiagnosis occurs when a healthcare provider, such as a doctor or surgeon, incorrectly identifies a patient's condition, leading to ineffective treatment.
On the other hand, delayed diagnosis occurs when it takes too long to identify the correct illness, resulting in delayed treatment. An initial misdiagnosis can lead to a delayed diagnosis of the actual illness, as the wrong treatment plan may mask or alter symptoms.
Timely and accurate diagnoses are crucial to avoid progression to advanced stages, especially for time-sensitive diseases like cancer.
Medication Errors
Medication errors can occur in several scenarios, such as prescribing the wrong medication due to a misdiagnosis, mixing up prescription notes, leading to the administration of incorrect medication, or even prescribing the wrong dosages of a correctly identified drug.
Mistakes can also happen during medication administration, especially when healthcare professionals are overworked or under immense pressure, or when there's a lack of thorough patient history, leading to the prescription of drugs that the patient might be allergic to or have adverse reactions with.
Negligent Failure to Treat
Negligent failure to treat refers to instances where a healthcare professional correctly diagnoses a condition but fails to administer suitable treatment. Examples may include neglecting to provide post-surgical care, ignoring a patient's worsening symptoms, withholding necessary treatment due to personal biases, or if the patient does not have insurance coverage.
However, failure to treat doesn't always constitute medical malpractice. It only becomes malpractice when the absence of proper treatment exacerbates the patient's condition or causes additional harm, falling below the expected standard of care.
Surgical Errors
Surgical errors are unforeseen slip-ups that occur during surgery. They range from the less common but exceedingly fatal, such as operating on the wrong patient or the incorrect body part, to the seemingly unthinkable scenarios of leaving surgical equipment like sponges or instruments inside a patient's body.
These rare errors can have profound implications on a patient's health and recovery, and in some severe cases, they can cause lasting harm or death. Surgical errors can be mitigated through adequate staffing in operating theaters and strict adherence to preoperative verification processes.
Suing for a Medical Error
The idea of suing a doctor or a healthcare provider might feel uncomfortable, especially if you believe they were genuinely trying their best. However, it's crucial to remember that their liability insurance often covers the damages, not them directly. Suing a large hospital requires time and resources. Ensure you have a strong case and the best attorneys by your side.
Beyond individual practitioners, institutions like hospitals, clinics, pharmacies, or nursing homes could also be accountable for medical malpractice. No matter the situation, if you’re planning legal action, having expert legal backing is a must.
The process of handling a medical malpractice lawsuit can be complex due to the intricacies involved, such as the requirement of expert witnesses to establish the standard of care and deviation thereof and the emotional toll it can take on the victim.
Given these complexities, having a skilled lawyer to guide and represent you is invaluable. They can help navigate the legal landscape, ensuring you effectively exercise your rights.
