Medical Malpractice Checklist: Do You Have a Claim?
If you feel you’ve been wronged medically, you may have to file a medical malpractice claim to receive justice and compensation for receiving poor services and care. By contacting an attorney who handles these types of claims, you can gain a clearer perspective of what you need to do to prove your case.
So, how do you define a case that involves professional medical liability?
Defining Medical Malpractice
Medical misconduct happens when a health care provider delivers a substandard form of treatment and care. This type of negligence may lead to a patient’s injury or death. However, you still have to remember that some poor outcomes do not result from malpractice.
Proving Negligence
To prove malpractice, a lawyer must prove the following:
- A medical doctor and patient relationship existed
- The doctor had the responsibility to provide care that any other doctor would reasonably provide in the same situation
- The doctor did not dispense care that other doctors, in the same circumstance, would have rendered
- The patient, in return, was harmed or injured by the doctor’s negligence
- The harm or injury suffered is quantifiable
Even if negligence is proven, you still need to answer some important questions – details that are often considered in a court of law. For example, what happens if you did not fully follow your physician’s instructions?
Depending on the severity of the negligence and your own response in exercising due care, you may be held, in this case, as comparatively negligent.
Signing a Consent – Does It Factor in a Negligence Case?
Also, many patients wonder if they can still file a lawsuit if they signed a consent form before a procedure. Signing the consent should still give you the right to file suit if the doctor’s treatment did not meet the expected standard of care. While medical procedures may be unpredictable or risky, negligence does not have anything to do with patient consent.
The Period Following an Error: What You Need to Do
The time following a medical mistake is a critical period. If you suspect an error was made, you need to start documenting your experience right away. That means you need to seek medical attention without delay. Detail the injuries and symptoms, the dates they occurred, and what procedure(s) you underwent.
Next, get copies of your medical records and obtain a second opinion about the treatment. Follow up by taking the information to a medical malpractice attorney so you can discuss the specifics of your case.
Medical Errors Rank Third as a Leading Cause of Death
Did you realize that the three leading causes of death in the US are heart disease, cancer, and medical error? Therefore, you need to act quickly if you suspect negligence. Talk to a lawyer as soon as possible.
In fact, according to Harvard Health, medical errors are such a common occurrence that they lead to the loss of 200,000 to 400,000 lives annually. These errors result from diagnostic mistakes, poor decisions, system failures in clinical treatments, and miscommunication.
Moreover, the Harvard School for Public Health (HSPH) adds that medical mistakes number in the millions (43 million in 2013), so access to public health care is not enough. Medical providers should also ensure safer and more effective treatments.
Examples of Medical Errors that Lead to Malpractice Claims
Types of the medical errors that lead to claims include the following:
- Misdiagnosis or a diagnosis that is delayed
- The failure to treat a condition
- An error in giving a prescription
- Surgical mistakes
- Errors during childbirth
Misdiagnosis or a Diagnosis that is Delayed
If a doctor misses or delays a diagnosis, it can lead to problems with receiving the care a patient needs or may result in unnecessary therapies. When a doctor misdiagnoses a patient, he or she usually does not recognize certain physical signs or does not request further tests. This kind of mistake may result, as well, if the doctor does not refer the patient to a specialist.
Some mistakes happen because test or lab results are not labeled correctly, the test results are lost, or the technician conducting a test makes an error during the process.
Failure to Treat a Patient as Required
A failure to treat a patient may result if the doctor releases the patient from the hospital too soon or does not give them directions on their follow-up care. They may fail to order the proper medical tests or overcook a patient’s history when prescribing medicines.
Making Prescription Errors
If a doctor prescribes the wrong medicines or does not prescribe the correct dose, it can lead to a malpractice claim. Sometimes errors arise if the physician does not recognize possibly harmful drug interactions with the medicine they prescribe.
Mistakes Made During Surgery
Surgical errors may happen if the doctor performs a procedure at the wrong site on the body or performs a surgery on the wrong patient.
Errors may also occur if items, such as medical devices or gauze, are left inside a patient before suturing a site. The failure to follow best procedural practices before, during, or after surgery leads to malpractice claims as well.
Causing Injuries During Childbirth
Medical malpractice claims also arise if mistakes are made during childbirth. For example, if the doctor uses the forceps incorrectly, the mistake can be devastating. If a C-section is not performed, when required, it can also trigger an injury or death.
Sometimes injuries or fatalities result when the umbilical cord gets wrapped around the infant’s nose, mouth, or neck. Mishandling an infant can also result in errors during delivery.
Who to Contact for Legal Help Now
Given that negligence and medical mistakes are not rare events, you need to contact a medical malpractice lawyer if you or a loved one has experienced medical negligence. Call the law firm of Jance M. Weberman in Los Angeles, a Professional Law Corp. at 213-386-9100 today.