The Many Areas of Medical Malpractice: Complete Overview

Medical Malpractice Overview

Medical malpractice is the failure of a healthcare provider to provide the appropriate standard of care, resulting in patient injury or death. Negligence is the core element—the provider must have breached their duty of care. This breach causes harm and injury to, and even the death of, patients.

Key Elements of Medical Malpractice:

• Duty: Healthcare provider owes duty of care to the patient
• Breach: Provider failed to meet the standard of care
• Causation: Breach directly caused patient's injury
• Damages: Patient suffered measurable harm or loss

Surgical Errors and Negligenc

The most commonly known example of medical negligence is surgical error. In some instances, the harm done to a patient is irreparable. There have been documented reports of surgeons amputating the wrong leg, arm, or foot. This explains why many hospitals now implement "marking" protocols where surgeons mark the correct surgical area on the patient's body before surgery.

Common Surgical Errors:

There have also been documented reports of doctors leaving surgical instruments, such as sponges and scissors, inside a patient's body. After a short period of time, the patient complains of pain or other post-surgical complication. An X-ray reveals the surgical object lodged in the patient's body, requiring a second surgery to remove it.

Misdiagnosis and Diagnostic Errors

Another major area of medical malpractice is misdiagnosis—when a doctor gives a patient the wrong diagnosis and treats them for something they don't have. There have been case after case of doctors diagnosing and treating a patient with one disease, when in actuality the patient was suffering from another disease that the doctor completely missed.

Types of Diagnostic Errors:

• Failure to Diagnose: Missing a condition entirely, resulting in delayed treatment and worsening condition
• Delayed Diagnosis: Correctly diagnosing condition but after an unreasonable delay, allowing condition to progress
• Misdiagnosis: Incorrectly diagnosing patient with wrong condition, leading to wrong treatment
• Missed Critical Findings: Overlooking significant test results or symptoms
• Failure to Order Tests: Not ordering appropriate diagnostic tests when clinically indicated

Medication Errors and Pharmaceutical Negligence

Medication errors are a significant source of medical malpractice. Healthcare providers must prescribe appropriate medications at correct dosages. Common medication errors include:

• Wrong Drug: Prescribing wrong medication entirely
• Wrong Dosage: Too high, too low, or incorrect frequency
• Wrong Route: Giving medication by wrong method (IV instead of oral)
• Drug Interactions: Prescribing drugs that dangerously interact
• Allergies: Prescribing drug patient is allergic to
• Inadequate Monitoring: Failing to monitor drug blood levels or side effects
• Failure to Warn: Not informing patient of side effects or dangers

Nursing and Hospital Staff Negligence

It's not just doctors who make mistakes. Hospital staff can be negligent in responding to patients' calls for assistance or frequently checking on patients to whom they have been assigned. Patients can deteriorate, fall out of their bed, or lapse into a coma without anyone knowing because they were not being properly monitored.

Common Hospital Negligence Areas:

Birth Injuries and Obstetric Negligence

Birth injuries resulting from medical negligence can have lifelong consequences for newborns and families. Common obstetric errors include improper use of forceps or vacuum extraction, failure to perform timely C-section, failure to monitor fetal heart rate, and improper handling of umbilical cord.

Common Birth Injuries from Negligence:

• Cerebral palsy from lack of oxygen during labor
• Brachial plexus injuries from improper delivery technique
• Cephalohematoma from excessive instrument use
• Erb's palsy from shoulder dystocia mismanagement
• Fetal fractures from improper extraction
• Intracranial hemorrhage from birth trauma

Other Areas of Medical Malpractice

Medical malpractice can occur in virtually any area of healthcare. Other significant areas include:

How To: Identify and Document Medical Malpractice

If you suspect medical malpractice, follow these steps to document evidence for potential legal action.

Step 1: Recognize Negligence Signs (Ongoing)

Identify unusual outcomes, serious complications, or provider errors that don't match standard medical care. Red flags include deteriorating health, infections, unexpected side effects, or obvious provider mistakes.

Step 2: Document Everything (Immediately)

Keep detailed records of all medical encounters, treatments, medications, incidents, and symptoms. Write down dates, times, what was discussed, what treatments were given, side effects experienced, and any unusual provider conduct.

Step 3: Obtain Medical Records (First 30 Days)

Request complete medical records from all providers. This includes physician notes, test results, medication lists, imaging results, and hospital records. You have a legal right to access your own medical records.

Step 4: Photograph Injuries (If Applicable)

Take photographs and video of visible injuries, complications, or physical effects of the alleged malpractice. Document their appearance over time.

Step 5: Get Second Opinion (Within 30-60 Days)

Have another qualified physician review your case and medical records. They can determine if the original provider's care fell below the standard.

Step 6: Keep Records Safe (Ongoing)

Preserve all medical records, documents, photographs, and evidence in a safe location. Make copies and keep originals in secure storage.

Step 7: Consult Medical Malpractice Attorney (As Soon as Possible)

Meet with an experienced medical malpractice attorney for a free consultation. Most work on contingency (no upfront costs). Bring all documentation and records.

Provider Responsibilities and Error Prevention

Healthcare providers have clear responsibilities to prevent medical errors. These include:

• Proper Diagnosis: Conducting thorough examinations and ordering appropriate tests
• Informed Consent: Explaining risks, benefits, and alternatives before treatment
• Medication Safety: Checking allergies, drug interactions, and proper dosing
• Documentation: Accurately recording all findings and treatment decisions
• Communication: Clearly conveying information to patients and other providers
• Monitoring: Following up on test results and monitoring patient progress
• Continuing Education: Staying current with medical advancements and standards
• Consultation: Referring to specialists when beyond their expertise

Frequently Asked Questions

Legal Representation and Remedies

As doctors and hospitals apologize for errors, patients increasingly take matters into their own hands and hire a medical malpractice attorney to help them receive compensation for their pain, suffering, and damages. In some instances, patients have to change their way of living because of their injuries.

Attorney's Role:

An attorney's job is to:

• Investigate your claim and review medical records
• Consult with medical experts to determine if malpractice occurred
• Prove that a healthcare provider is liable for your injuries
• Remedy the harm caused to you
• Negotiate settlements with insurance companies
• File lawsuits if settlement fails

Settlement vs. Lawsuit:

In many cases, attorneys can negotiate a settlement for their clients. At other times, they will discuss with their clients the possibility of filing a lawsuit as a final recourse if settlement negotiations fail.