What Are the Most Common Medical Malpractice Examples?
When we think about medical malpractice examples, we often imagine the most extreme situations: a surgeon leaving a scalpel inside a patient before closing an incision or operating on the wrong body part. While these errors do happen and lead to medical malpractice claims, there are many other forms of medical malpractice to be aware of. Some are more serious than others. All have the potential to result in serious injury or even death.
If you believe you or a loved one has been injured due to a medical provider’s negligence, we encourage you to contact an experienced medical malpractice attorney as soon as possible. Medical malpractice claims are usually complex, and you only have 2 years from the date of the injury to investigate, prepare, and file a claim.
Being aware of common medical malpractice examples helps you stay vigilant about your own care. If you suspect you or a loved one may have been a victim, the medical malpractice attorneys at Colling Gilbert Wright can assist in determining if you have a viable claim.
Call us today at (407) 712-7300 to schedule a FREE consultation. We are honored to represent our neighbors in Orlando and throughout Florida.
The Definition of Medical Malpractice
Before we look at specific examples of medical malpractice, let’s first define what medical malpractice is. Being injured by a doctor or having a condition worsen after being treated are not sufficient on their own to warrant a malpractice claim. Instead, you must prove four key points to have a viable claim:
- A patient-doctor relationship existed. This establishes the duty of care owed to you by the provider.
- The provider failed to meet the “standard of care.” They did not do what other competent medical providers would have done in caring for you.
- This failure resulted in injury or death to you or a loved one. There must be direct causation between the provider’s negligence and the injury.
- This injury led to damages. These damages can include both economic and non-economic losses.
A situation that does not meet these criteria will not qualify for a medical malpractice claim.
How Medical Malpractice Cases Differ From Other Injury Cases
Most injury cases are based on negligence, which is a failure of a duty to use reasonable care that results in harm to someone else. Medical malpractice is a very specific type of negligence and is more difficult to prove.
Proving medical malpractice requires an Orlando attorney to establish a specific standard of care and show that the medical professional violated it. Florida Statutes § 766.106 requires that, before you can file a medical malpractice case, a medical expert must review your medical record and write an opinion explaining how the care you received violated the applicable standard. There is no similar requirement in a car accident or slip and fall case.
In addition, the law requires you to provide 90 days’notice to the healthcare provider you intend to sue, and include the medical expert’s opinion in the notice documents. After receiving the notice, the parties are required to work with a mediator to resolve the case before they can file a lawsuit. Even if mediation fails and you file a legal claim, you may be required to try mediation again before a court will schedule a trial in your case.
7 of the Most Common Medical Malpractice Examples
Although medical malpractice has a precise definition, it can apply to a wide range of situations. Seven of the most common medical malpractice examples include:
Diagnostic Errors
Diagnostic errors can refer to making the wrong diagnosis (misdiagnosis), not making the diagnosis as soon as the provider should have (delayed diagnosis), or failing to diagnose a patient at all (missed diagnosis). Diagnostic errors can subject you to unnecessary or harmful treatment, force you to endure your symptoms for longer than necessary, and delay effective treatment, shortening your lifespan or even causing death. A mistaken or missed diagnosis of a physical problem can also have a severe impact on your mental health.
Birth Injuries
Also known as obstetrical malpractice, birth injuries involve some form of negligence in prenatal care (e.g., failing to realize that a fetus or the mother was in danger) or in the delivery room (e.g., using too much force while delivering the baby or delaying a Caesarean section). Children with birth injuries may suffer from cerebral palsy, broken bones, dislocations, and neurological injuries that cause developmental delays. Some of these conditions may resolve as the child matures, but others may have a permanent impact, and some are fatal.
Emergency Room Errors
Emergency rooms are often tense, chaotic environments, and the care given in them can be a matter of life and death. If emergency rooms are not prepared with the right equipment and staff, it can lead to life-threatening mistakes.
Triage errors can cause delays in treatment with long-term consequences. Poor communication among the medical staff can lead to failures to order necessary tests, misinterpretation of test results, and premature discharge.
Surgical Errors
Leaving a surgical instrument in the body or operating on the wrong body part are examples of surgical errors. These errors can also involve administering the wrong blood type, needlessly injuring a patient, or failing to properly monitor the patient after the surgery is complete. Performing a surgical procedure without clear medical necessity or choosing the wrong procedure without thorough consideration of the patient’s risk factors are also surgical errors that may be medical malpractice.
Failure to Obtain Informed Consent
Patients should be fully informed about the risks and complications associated with a medication or procedure. They must be told about other possible treatments and their advantages and disadvantages, and the likely consequences of forgoing treatment altogether. The informed consent process takes time, but it ensures that the patient has a complete understanding of their treatment options. When they do not, and the procedure or treatment leads to further injuries, it may constitute medical malpractice.
Prescription Errors
When a physician, nurse, or pharmacist makes a mistake prescribing or dispensing drugs—whether administering the wrong drugs or advising the wrong dosage—the results can be devastating. Medication errors are so dangerous that hospitals, nursing homes, and pharmacies must have multi-step protocols to prevent them. Failing to adhere to these protocols can be medical malpractice.
Anesthesia Errors
Anesthesia is a crucial part of many medical procedures and is very dangerous when not administered properly. If the dosage is too high or a patient is not closely monitored during and after administration, it can result in an overdose causing brain injuries, heart attacks, and more. Inadequate or ineffective anesthesia can result in patients regaining consciousness during surgical procedures, experiencing excruciating pain, and severe psychological injuries.
Read More: 3 Examples of Dental Malpractice
It’s also important to know that medical malpractice does not just apply to surgeons or primary care physicians. It also pertains to hospital staff, dentists, and other medical providers.
Is Medical Malpractice Hard To Prove?
Yes, medical malpractice claims are some of the most challenging to prove for a few reasons.
1. Medical Records Are Complicated
It can be challenging to sift through medical documentation to determine what medications and treatments were administered and when. Nevertheless, these records are critical for determining the facts of a claim.
2. The “Standard of Care” Is Not Always Obvious
Determining what a provider should have done in a particular situation can also be challenging. Often, we need to rely on expert witnesses who can testify to what a competent provider would have done in that situation.
3. Insurance Companies Usually Fight Claims
Medical providers are backed by insurance companies that must cover damages from medical malpractice claims. These insurers often fight claims hard. They may initially offer insufficient compensation, hoping you’ll accept the lowball offer. If you refuse to settle for less than you deserve, they will do whatever they can to avoid liability.
While these obstacles make claims difficult, victims of medical malpractice should not allow these challenges to deter them from pursuing the compensation they need and deserve for the damages they have sustained. A dedicated attorney isn’t afraid. They can guide you through the process and support you every step of the way.
Possible Damages in a Med Mal Claim
When we talk about damages, we are referring to what medical malpractice victims may be able to recover compensation for, which includes:
- Economic damages refer to financial losses past, present, and future. Some examples include medical bills, lost wages, loss of earning capacity, and out-of-pocket expenses.
- Noneconomic damages refer to emotional or psychological pain caused by the incident, including pain and suffering, emotional distress, disfigurement and scarring, and more.
- Punitive damages are not meant to compensate medical malpractice victims for their losses. Instead, they are awarded to victims as a means of further punishing defendants who are deemed to have acted with “intentional misconduct or gross negligence.”
It is very important that medical malpractice victims work with an attorney to fully consider all of the damages they have sustained so they can pursue and secure the total amount of compensation they deserve.
We have an extensive record of obtaining substantial settlements and verdicts in medical malpractice cases. Attorneys at Colling Gilbert Wright have resolved cases in excess of $1 million for clients who suffered injuries due to missed diagnoses, surgical errors, birth injuries, and other forms of malpractice.
Read More: How To File Complaints Against Medical Doctors in Florida
Our Medical Malpractice Attorneys Can Help
At Colling Gilbert Wright, our medical malpractice attorneys have decades of experience fighting for the rights of patients who have been injured or killed at the hands of a medical provider they entrusted with their care. If any of these medical malpractice examples seem similar to your situation, contact us to schedule a FREE consultation as soon as possible.
We have extensive experience handling the medical record review process and working with experts who can testify to providers’ errors. Colling Gilbert Wright has the resources and dedication to fight the insurance companies and win. Contact our Orlando medical malpractice lawyers today to start walking the path to justice together.
