Top Seven Reasons People Are Suing for Medical Malpractice
Physicians dread malpractice lawsuits, but these are increasingly common as more and more people who suffered harm caused by medical negligence step forward.
Attorneys provide an invaluable service for victims. Average people lack the knowledge and resources to fight the well-funded lawyers of physicians, insurance companies, and big legal practices.
Evening the Odds
Hiring a skilled lawyer is a critical step if you want to receive a fair settlement or court award. Lawyers understand the difficulties of estimating injury expenses, lost wages, and nonfinancial damages. The top Tampa medical malpractice lawyers know how to prove liability and can help you get the award you deserve.
The most common reasons for malpractice lawsuits include:
- Errors in medication
- Maternity care malpractice
- Negligent trauma or fracture care
- Failure to get informed consent
- Surgical errors
- Failure to monitor a patient properly
- Inadequate diagnosis
1. Errors in Medication
Doctor prescription errors cause approximately 251,000 deaths yearly in the United States alone. The errors can be caused in the initial dosage, any increases in dosage, or possible side effects caused by unexpected drug interactions.
The problem has become so commonplace that the World Health Organization is researching actions to address the problem and prevent further tragedies.
2. Maternity Care Malpractice
Negligent maternity care often results in lifetime care for infants born with brain damage. For example, many family doctors mistakenly prescribe Oxycontin for cases of fetal distress.
Another common scenario is when doctors hand off their patients to other experts during time off, the new doctor does not receive all the information needed to make a correct decision. Fetal labor-related injuries are commonly caused by staff malpractice by not recognizing the various risks associated with a treatment course.
3. Negligent Trauma or Fracture Care
Many patients receive negligent care when reporting minor trauma or sprains. Unfortunately, small splinters can go undetected. However, if left untreated, even minor injuries can aggravate and become a serious health concern.
Furthermore, rare injuries can be more difficult to notice and diagnose. For example, knee injuries caused by car crashes can cause popliteal fossa injury. This syndrome is also common among athletes.
4. Failure To Get Informed Consent
Many patients sue because they failed to give informed consent, but this basis rarely wins cases on its own merit. Most doctors will argue that they explain what they are prescribing, but patients might not understand the risks and possible side effects.
5. Surgical Errors
Preventable medical errors include surgical mistakes like operating on the wrong site, anesthesia errors, and leaving medical tools or debris inside a patient. Doctors can accidentally cut blood vessels or miscommunicate with members of their team.
6. Failure To Monitor a Patient Properly
Many doctors fail to monitor their patients properly while they are under anesthesia or recovering from surgery. This includes cases of negligence when doctors fail to warn patients of possible side effects or proper aftercare.
7. Inadequate Diagnosis
Some diagnoses involve identifying what stage the disorder is in – such as cancer. An inaccurate diagnosis can cause a patient to suffer worse effects and often face life-threatening conditions.
Failure To Seek a Second Opinion
It is essential to consult another doctor or specialist if you have any doubts about the validity of a diagnosis. Also, if a doctor fails to diagnose or correct a problem within three visits, it is time to consult another doctor.
Other Potential Causes of Medical Malpractice
There are many miscellaneous causes of medical malpractice including:
- Failing to take a patient’s complete medical history
- Not communicating with the patient or other doctors
- Poor recordkeeping
- Simple mistakes made in surgery, patient care, or follow-up services
If you are not sure about the validity of your case, consult a specialized attorney for legal guidance. A lawyer will go over the details of your case and establish whether or not you have grounds to file a medical malpractice case.
The Difficulties of Determining Medical Malpractice
Unfortunately, it is not always easy to determine medical malpractice. That is why it’s essential to hire an experienced attorney to investigate your case.
A legal expert knows how to estimate present and future medical expenses, lost wages, and nonfinancial damages like loss of consortium and punitive damages. Make sure you have the finances needed to recover.