When it comes to your health, the last thing you want to worry about is not being able to trust your doctor. Even if do everything right, e.g. eating a healthy diet and exercising daily, you still need medical help from time to time. For this, you rely on your doctor to diagnose and treat certain conditions, address certain health risks, or even help with preventative medicine.
But what happens when something goes wrong? Medical professionals can make mistakes, and when they do, you may have a right to pursue a medical malpractice claim against them.
Here’s an overview of the most common reasons for filing a medical malpractice claim.
Medical malpractice involves any acts or omissions of a healthcare professional during treatment of a patient which stray from the accepted standard of care and result in injury (TX C.P.R. Code Chapter 74.A). A hospital or other medical facility may also be at fault.
While each case is different, there are seven causes that are most prevalent in medical malpractice:
1. Diagnostic Errors
Diagnostic errors are the most common cause and lead to malpractice in a variety of ways. Without an accurate diagnosis, you may not receive the necessary treatments or tests that can help you heal faster and even prolong your life. These diagnostic errors include:
Failure to make a diagnosis on an existing health issue, wherein your doctor fails to make any diagnosis, overlooking revealing symptoms. These situations often occur in outpatient settings, emergency rooms, and medical facilities.
Misdiagnosis, resulting in treatments that can cause harmful side effects and injury. Misdiagnosis of strokes, asthma, cancer, or heart attack is the most common.
Delay in making a diagnosis, or the failure to recognize a health condition based on the symptoms you are currently experiencing. Not making a diagnosis can cause additional illness, injury, and even death in some circumstances. They may delay sending you for tests, as well. For example, cancer is best treated when diagnosed early. Any delay in a diagnosis can allow progression of the disease.
2. Failure to Treat
A patient’s care depends on a diagnosis and implementation of tests and treatments in the wake of that diagnosis. As a result of any lapse in such treatment, additional health issues can occur, including progression of a health condition, a related illness, or an injury. While closely related to delayed diagnosis, a failure to treat often occurs when a healthcare provider…
incorrectly evaluates the severity of symptoms
fails to order the right tests
fails to make specialist referrals for patients so they can receive needed treatment.
3. Surgical Mistakes
Surgical mistakes can occur at different points in your care. Besides during the surgery itself, errors may be made in your pre- or post-operative care.
Surgical mistakes subject to a medical malpractice claim include:
Accidental puncturing or other injury to an organ or another part of the body
Failing to remove all surgical instruments or aids from the body (e.g., clamps, swabs, sponges, retractors, or drains)
Operating on the wrong body part, including the wrong side (e.g., left kidney instead of the diseased right kidney), or performing the wrong procedure
Performing an operation on the wrong patient
Choosing to perform surgery without trying other treatments first.
As a result of surgical mistakes, the patient may need to undergo more surgeries or treatments, adding additional risk.
Another area of concern during an operation is the administering of anesthesia. Precise amounts are calculated based on the patient, and any variation or miscalculation of this amount can cause severe issues, including disability and brain damage. In some cases, death may occur.
4. Medication Errors
Medication can have profound effects on a patient, and when that medication is improperly administered, malpractice can occur. These medication errors may occur while you are hospitalized or after release with a mistaken prescription.
Causes of medication errors include:
failure to collect or review a patient’s full medical history
failure to heed potential medication interactions
dosage or other errors by those prescribing or providing medications directly to patients
mistakes by a pharmacy in filling a prescription.
5. Childbirth Injuries
While childbirth is an exciting time for a family, unfortunate and preventable childbirth injuries can occur. When a healthcare provider is negligent at any stage of care, malpractice may result for any of the following reasons:
lack of efficient prenatal care
failure to diagnose a condition of the mother (e.g., pre-eclampsia or anemia)
overlooking a distressed fetus
failure or delay in ordering a C-section
injury from birthing tools such as forceps and vacuums.
Childbirth injures can lead to brain injuries, developmental problems, various infections, and other complications, including cerebral palsy or paralysis.
Medical facilities of any size can be swarming with infectious diseases, including the highly threatening Staphylococcus aureus (“staph”). Patients are more likely to catch one of these infections when healthcare providers fail to protect them appropriately.
Other infections leading to malpractice cases include urinary tract infections caused by catheters, pneumonia associated with ventilator usage, surgical site infections, and others.
7. Defective Medical Equipment
It takes a lot of different medical equipment to treat patients, and when one of them malfunctions in some way, it can result in injury to a patient. These malfunctions can involve breathing-assistance equipment, heart monitors, and defibrillators.
Medical equipment that fails at crucial moments can put your life in danger, cause additional health problems, or injuries. While in some cases, the manufacturer may be held responsible, in many instances, a doctor may also be at fault.
These top 7 causes of medical malpractice are not the only ones considered when filing a claim. If you believe a different cause led to your injury or illness, consult with a legal professional for guidance.
What’s the Main Reason Patients File Malpractice Claims?
While causes listed in malpractice claims can vary, underlying them all is a common reason for filing. So, what’s the main reason patients file malpractice claims?
At the heart of every medical malpractice is the aftereffect wherein a preventable injury or illness occurs due to the actions or non-actions taken by medical professionals.
The main reason many patients file malpractice claims is to seek financial compensation for the resulting injury or illness, pain and suffering, actual losses, or need for future care.
The needs following malpractice can be expensive, and seeking compensation to cover these is an understandable right.
to provide for a patient or family member’s need to understand what and how the injury could happen
to prevent what happened to you or a loved one from happening again.
What is the Most Common Reason for Malpractice?
If you’re wondering why malpractice happens and what is the most common reason for malpractice, the answer is negligence.
Negligence happens when a medical professional or facility fails to exercise a certain standard of care, or duty, which others in such a position would do in a similar situation. As a result, injury occurs.
Negligence may happen accidentally, without the intention of failing to provide you the standard of care needed and expected. Situations such as this often occur in fast-paced emergency rooms. Various other causes result in negligence, such as doctor distraction.
Contact Our Houston Medical Malpractice Attorney Today
If you believe you’ve been affected by negligence by a medical professional or facility, you deserve to know your rights. Contact Terry Bryant Accident & Injury Law today for a thorough evaluation of your case.
Medical malpractice claims are rarely simple to prove, and they are often expensive and difficult to pursue. That’s why you need to consult with an experienced medical malpractice lawyer as soon as possible.
Call our office today at (713) 973-8888 or toll-free at 1 (800) 444-5000 and schedule your free initial consultation.
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]