5 Common Types of Medical Malpractice
When an individual goes in to see a health professional, they have the right to expect competent care. The average layperson relies heavily on medical professionals to accurately diagnose what is wrong with them, and to prescribe the proper medicine and treatments to help them recover. We put a lot of faith in what our doctors tell us, and we trust them to make life-and-death decisions on our behalf.
While our trust in health professionals is usually warranted, there are times when their negligence leads to serious and sometimes deadly errors. Medical malpractice is more common than most people realize. According to a study by Johns Hopkins School of Medicine, there are more than 250,000 deaths per year in the United States that are attributable to medical errors, making it the third leading cause of death behind cancer and heart disease.
Medical malpractice can come in many forms. Here are five of the most common preventable medical errors:
Medical malpractice, a complex and often devastating occurrence, arises when a healthcare professional’s negligence results in harm to a patient. These errors, which deviate from the accepted standard of care, can manifest in various forms, significantly impacting a patient’s health and well-being. Understanding the common types of preventable medical errors is important for both patients and healthcare providers in promoting patient safety and accountability.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis or delayed diagnosis represents a significant failure in the diagnostic process. This error occurs when a healthcare professional either incorrectly identifies a patient’s condition or fails to diagnose a serious condition within a reasonable timeframe. The consequences of such errors can be profound. For instance, a delayed cancer diagnosis can allow the disease to progress to a more advanced, less treatable stage, significantly diminishing the patient’s chances of survival. Similarly, a misdiagnosis of a less severe condition can lead to unnecessary and potentially harmful treatments. The cognitive biases of medical professionals, the complexity of medical conditions, and the limitations of diagnostic tools can all contribute to these errors.
Effective communication between patient and physician, thorough medical history review, appropriate diagnostic testing, and a system of checks and balances within the healthcare system are essential to mitigate the risk of misdiagnosis. Moreover, continuous medical education and training can improve clinicians’ diagnostic skills and awareness of potential pitfalls.
Failure to Treat
Even when a correct diagnosis is established, a failure to treat the patient adequately can constitute medical malpractice. This type of error is increasingly prevalent, particularly in understaffed and overburdened healthcare facilities. The aging population and the associated increase in healthcare demands exacerbate this issue. Failure to treat can manifest in various ways, including premature discharge, inadequate follow-up care, and a lack of timely referrals to specialists.
The consequences of failure to treat can range from prolonged illness and increased suffering to permanent disability and even death. Addressing this issue requires a multifaceted approach, including increased staffing levels, improved resource allocation, and a focus on patient-centered care. Implementing standardized protocols for patient management and discharge can also help ensure that patients receive the necessary care.
Medication Errors
Medication errors are a common and potentially dangerous form of medical malpractice. These errors can occur at any stage of the medication process, from prescribing to administration. Examples include prescribing the wrong medication, incorrect dosage, administering medication to the wrong patient, and equipment malfunctions that affect dosage. The potential for harm is substantial, as medications can have significant effects on the body.
To minimize medication errors, healthcare facilities should implement robust medication management systems, including computerized physician order entry (CPOE), barcode scanning, and double-checking procedures. Pharmacists play a vital role in reviewing prescriptions and identifying potential errors. Furthermore, patient education about their medications and potential side effects is essential.
Surgical Errors
Surgical errors are among the most severe forms of medical malpractice, often resulting in devastating consequences for patients. These errors can include performing the wrong procedure, operating on the wrong body 1 part, damaging internal organs, using unsterilized instruments, leaving surgical instruments inside the body, and administering incorrect anesthesia dosages. The operating room environment, with its complexity and high stakes, presents numerous opportunities for errors.
Preventing surgical errors requires a comprehensive approach, including pre-operative checklists, time-outs to confirm patient identity and procedure details, and meticulous surgical technique. Strict adherence to sterilization protocols and the use of advanced imaging technologies can also help minimize risks. Moreover, adequate post-operative care is crucial for preventing complications.
Despite the inherent risks associated with surgery, patients have a right to expect that healthcare professionals will exercise reasonable care. Signing consent forms does not absolve surgeons from liability for negligent acts.
Types of Surgical Error
Wrong-Site, Wrong-Procedure, Wrong-Patient Surgery
- This is a “never event,” meaning it should never occur. It includes operating on the incorrect body part, performing the wrong surgical procedure, or operating on the wrong patient entirely.
- These errors highlight failures in patient identification and procedural verification.
Damage to Internal Organs
- During surgery, unintended damage can occur to organs, nerves, or blood vessels.
- This can result from improper instrument handling, inadequate visualization, or lack of surgical skill.
Retained Surgical Items (RSI)
- Leaving instruments, sponges, or other materials inside a patient’s body after surgery.
- This can cause infections, pain, and further complications, often requiring additional surgery.
Infections
- Using unsterilized instruments or failing to maintain a sterile operating environment can lead to serious post-operative infections.
- These infections can prolong hospital stays and even become life-threatening.
Anesthesia Errors
- Incorrect dosages or improper administration of anesthesia can result in severe complications, including brain damage or death.
- This involves failures in monitoring and managing the patient’s physiological responses.
Surgical Burns
- Occur from misuse of electrical cauterizing tools, or other heat sources.
Nerve Damage
- Nerves can be cut, stretched, or compressed during surgery, resulting in chronic pain, numbness, or paralysis.
Birth Injuries
Birth injuries represent a particularly tragic category of medical malpractice, as they can have lifelong consequences for both the child and the family. These injuries can result from errors made before, during, or after childbirth. Common birth injuries include cerebral palsy, Erb’s palsy, shoulder dystocia, and fractured bones. These injuries can arise from various factors, including improper monitoring of fetal distress, delayed or inappropriate interventions during labor and delivery, and errors in the use of medical equipment.
Preventing birth injuries requires a high level of expertise and vigilance from obstetricians, nurses, and other healthcare professionals involved in childbirth. Thorough prenatal care, continuous fetal monitoring during labor, and prompt intervention in case of complications are critical. Furthermore, adequate training and experience in managing high-risk pregnancies and deliveries are essential.
Do I Have a Medical Malpractice Case?
Not all medical mistakes constitute malpractice, but on the other hand, many people do not pursue legitimate medical malpractice cases because they are not sure if negligence occurred in their situation. These cases can be quite complicated, and to successfully establish malpractice, you will need to show that the doctor or hospital was not reasonably skillful or competent in treating the patient, and that this incompetence (i.e., negligence) directly resulted in the patient being harmed. This will require a thorough investigation by legal professionals who have extensive experience with these types of cases and know the right questions to ask and what critical pieces of evidence to look for to help substantiate the claim.
Contact the Seasoned Medical Malpractice Attorneys at Bailey, Javins, and Carter L.C.
If you suspect that medical negligence occurred against you or someone close to you, contact Bailey, Javins, and Carter L.C. for a free consultation and case assessment. We will meet with you to thoroughly examine your case and advise you of your legal rights and options.
Call our office today at (800) 497-0234 or (800) 296-6979 or message us online to schedule your free consultation.
