Medical Errors and Malpractice

Medical Malpractice

Medical Errors

You would be probably shocked to know that, according to Journal of the American Medical Association, medical errors have become the third leading cause of death in the United States. Yes, only heart disease and cancer are ahead of tragedies caused by wrong or delayed diagnosis, mismanagement of diagnostic tests or any other medical error. Medical malpractice is a very broad legal term associated to lawsuits alleging damage to a patient. In simple words this term used when a doctor or someone with a medical license makes some sort of mistake that results in the injury or death of a patient. One should remember that there are certain risks and place for errors that arise inherently in the practice of medicine. This is not an exact science, therefore not all errors in medical diagnosis and treatment are necessarily malpractice.

Examples of Medical Malpractice

Typical cases of medical malpractice include birth injuries, missed or wrong diagnoses, or improper treatment. Common causes of birth injuries are complications during childbirth, improper delivery technique, improper prenatal testing and dating, failure to recognize fetal distress and to diagnose or treat infection, and failure to respond to complications in a timely manner. For example, when a doctor does not perform C-section upon difficulties in delivery, or does it when it is too late, a baby can suffer a brain damage.

Around 80,000 people are dying each year from missed diagnosis. One of the typical scenarios is when a patient complains, but nothing is found wrong. No more tests are done, and a medical problem is not being solved. Another example of misdiagnosing a disease would be treating someone with type 1 diabetes as having type 2 diabetes. Unfortunately, doctors can also diagnose something when a patient is actually healthy.

Why you need an attorney

If you or your loved ones have suffered from pain, and doctors have missed all your symptoms, or if you have been into surgery, and something has gone wrong, you have a legal and civil right to claim compensation. But there are several obstacles to overcome, in order to successfully win a medical malpractice claim. The first is that the case must be started before the time has run out, and this length of time varies depending on the type of lawsuit or specific allegations.

Another problem lays in the very nature of modern medicine. The matter of fact is that some of the medical errors are considered acceptable or normal. Majority of all surgeries, procedures, and drugs have known risks and side effects. Because of this, it is necessary to prove medical malpractice, which is different from medical error. The latter may not be considered negligence or malpractice, and not be eligible to compensation. That is why one should consult with your attorney or other legal professional for any legal advice related to medical malpractice.