A medical malpractice claim comes from the errors made by doctors and other health care workers. These errors often cause harm to people, and in worst cases, death. This article looks at the common medical negligence claims and what legal option is available to victims. If you are the victim of medical malpractice, our Middletown personal injury lawyers can help you get the compensation you deserve.
Four Common Medical Malpractice Claims
Medical doctors must always and under all circumstances maintain the required standard of care. When they fail to do this, and someone gets hurt, they will be liable for negligence. Below is a list of some of the most common medical claims health care workers face.
Surgery comes with risks, so most hospitals must get patients’ written consent before proceeding with one. As a rule of practice, a doctor must carefully and clearly explain the risk of the surgical procedure to the patient. If the patient has any questions, the physician must answer them.
It is only after the patient understands the risks of the procedure that they can sign. Consent here is referred to as “implied consent,” but it does not cover preventable mistakes during surgery. Surgical mistakes are the errors made either by the operating surgeon or any of their assistants.
Some of the most common surgical errors are:
- Operating on the wrong body part or organ
- Improperly administering anesthesia
- Operating on the wrong patient
- Leaving a foreign object inside the body like a surgical sponge or other instruments
- Performing an incision at the wrong location
- Injuring an organ, nerve, or other body parts during surgery
Prescription drugs are some of the most potent medications out there. They are called “prescriptions” because pharmacies will not sell them without one. Thus, it is no surprise that a miscalculation can have damaging consequences. This is why doctors must exercise the utmost care in prescribing drugs, but errors still occur.
Some of the errors include:
- Improperly administering medication
- Administering an incorrect dosage
- Prescribing the wrong medication
- Administering the wrong medication
- Prescribing an incorrect dosage
- Malfunctioning of the equipment intended for the administration of the drug
Failure to Treat
One common medical malpractice claim is failure to treat. Here, the doctor can be liable in negligence for not treating the patient according to the standard of care. For example, it could be a result of these:
- Improper follow-up care
- Understaffed medical facilities
- Failure to refer a patient to a specialist
- Overworked medical facilities
- Dismissing symptoms as temporary, minor, or not worth treating
- Discharging a patient prematurely
As personal injury lawyers in Middletown, we’ve seen several medical malpractice claims stem from misdiagnosis. A misdiagnosis is like failing to treat as the patient gets no treatment or the wrong medical care. Yearly, over 12 million adults in the United States who seek outpatient care get misdiagnosed.
This is because most illnesses present similar symptoms, making it hard for doctors to follow the standard of care. Some common misdiagnosis includes:
- Failure to recognize the need for urgent medical care
- Failing to diagnose cancer
- Interpreting or conducting a test incorrectly
- Diagnosing a chronic condition as something minor or less severe
- Failing to administer prescribed medication, leading to an incorrect diagnostic conclusion
- Failing to include potential medical issues in the initial differential diagnosis list
What Should a Victim of Medical Malpractice Do?
Once you discover that your doctor committed an error that led to your injury, you should speak with a Middletown, personal injury lawyer. The lawyer will examine the facts and let you know if you have a valid claim. In addition, they will ensure the four elements of negligence needed for a personal injury claim to succeed are present.
The attorney will gather the evidence needed to prove your claim and arrange a meeting with the doctor. In Connecticut, the law requires people rendering medical care to have medical malpractice insurance coverage. Therefore, your attorney will file an insurance claim, and the doctor’s insurance carrier can either pay or dispute the claim.
If the insurance provider pays, you’ll take your settlement money and move on with the rest of your life. If they fail to pay, your attorney will commence a personal injury lawsuit. Where the victim dies, their family can commence a wrongful death action.
Get Help From a Middletown Personal Injury Lawyer!
Being a victim of medical malpractice can be terrifying, as it affects your health and general wellbeing. But you can get compensated for the harm you suffered. Our personal injury lawyers at Aeton Law Partners have the knowledge and experience to help you win. Contact us today for a free case evaluation.