According to John Hopkins, patient safety experts estimate that the third highest cause of death in the United States is a result of medical error. ABPLA states that medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient.
Medical malpractice is a frightening topic that many are unaware of and often misinformed of their rights. Here at Barfoot & Schoettker, we understand the different types of medical malpractices and your rights. It is important to ensure that you receive the proper compensation if an issue does occur:
Failure to diagnose/misdiagnosis
Without a proper diagnosis, the correct treatment and recovery plan cannot be formulated or executed. Failure to diagnose is when a medical professional examines and tests the patient but does not diagnose them with the issue. A misdiagnosis is when the incorrect medical issue is expressed and treated wrongly.
This type of issue is malpractice because when an illness is not diagnosed or incorrectly diagnosed, the patient is not receiving the correct treatment and could potentially be receiving harmful treatments. This also results in the patient's illness to potentially worsen.
When a doctor either treats a patient in a way that no other medical professional would or uses the correct treatment but administors it incorrectly, it may be considered malpractice. This improper treatment has the potential to harm the patient, cause long lasting issues and worsen the current condition.
Birth injury malpractice comes in many forms, and compensation varies depending on case details. Here are three common types of birth related malpractice claims:
- Birth injuries: When medical professionals act negligently during the delivery process of a baby, injuries can occur. While not common, birth injuries can result in trauma or even death of the mother or the child. Improper care such as lack of evaluating the child's oxygen level or the blood loss of the mother can be cause for lawsuit.
- Wrongful Birth: This claim is made when parents feel that improper information or results were given relating to the mental or physical state of the child that would have caused them to avoid or terminate the pregnancy. Damages that relate to the cost of care needed as a result of the child's condition, along with compensation for the parents emotional injury is often fought for.
- Wrongful Pregnancy: Wrongful pregnancy claims are made when parents feel that due to the negligence of doctors, methods to avoid pregnancy fail. Failed sterilization and abortions are two common wrongful preganancy claim drivers.
Prescription drug errors
When we are prescribed medication, we don't usually question the prescription when we pick it up from the pharmacy, but unfortunately sometimes the prescriptions we think we are picking up and consuming are incorrect. Here are a few of the common types of prescription drug errors:
- Administering the wrong medicine dosage
- Mislabeling medication
- Not informing the patient of potential side effects
- Administering the incorrect medication
- Prescribing medicine the patient is knowingly allergic to
- Prescribing medication that reacts negatively with medication the patient is already taking
These types of errors are potentially deadly and should be addressed to ensure you receive the compensation you deserve.
A variety of surgery related errors can cause death, negatively change the patients quality of living and extreme emotional impacts. Many believe that just because a consent document was signed, there is no way to fight it if something wrong is done. Just because consent is given does not mean that things can be performed incorrectly. Common surgical errors that lead to a claim are:
- Improper amounts of anesthesia are administered
- Avoidable organ damage
- Leaving medical equipment and tools inside the patient
- Performing an unnecessary or incorrect procedure
Medical malpractice can be scary and have lasting impacts on patients both mentally and physically. Medical malpractice comes in many different forms and can have lasting effects on more than just the patient.
Here at Barfoot & Schoettker we want to ensure that you receive the proper care and compensation you deserve from any medical malpractice experience. Our professionals are ready to work with you every step of the way from understanding your situation to determining the best next steps. Contact us today to make an appointment.