4 Common Examples of Medical Malpractice
There's a reason doctors practice medicine instead of do medicine: we are constantly learning more about the human body, illness, disease, and pain. Plus, thanks to technology, new equipment and services make the world of medicine a constantly evolving place. For these reasons, mistakes can be made, but when it comes to your health, a mistake can quickly evolve into medical malpractice.
If you think you may have a malpractice case, check out these four common examples.
1. Misdiagnosis
Even experienced doctors can misdiagnose a patient or two, but when it becomes malpractice, you may be able to sue. These types of cases can be difficult to prove because you need to show the doctor did not live up to their standard of care while treating you, and the misdiagnoses (or failure to diagnose) caused the condition to worsen or a new condition to develop.
For example, if you go to your doctor and complain about stomach pain, but the doctor neglects to check for gastritis or acid reflux, which causes the gastritis to worsen and create ulcers, you may have a malpractice case. On the other hand, if the gastritis or acid reflux went away on its own and caused no further compilations, there is likely no case.
2. Failure to Treat
Once your doctor has diagnosed you, they need to treat you. If they don't, they can get in trouble for failure to treat. This is common in settings with overworked doctors with too many patients. In the previous example, if your doctor had determined you had gastritis, they then need to provide a treatment, such as prescribing acid-controlling medicine and suggesting diet changes.
Failure to treat can also occur when your doctor fails to tell you about all possible treatments. If you have poor insurance, some services may not be covered, but your doctor should still inform you of the treatments.
Lastly, if your doctor doesn't monitor a condition, such as your rising cholesterol, they may be guilty of malpractice.
3. Surgical Errors
Surgery always comes with many complications, which is why you tend to sign a form that shows you fully understand the possible risks. However, errors should not occur during your surgery. Surgical errors are any mistake that could have been avoided, such as leaving a sponge inside of you after surgery.
While surgical errors can be due to the doctor's own incompetence or insufficient preparation, it can also be caused by poor communication or fatigue. Surgeons often work long hours, which may lead to fatigue or neglect.
Finally, if your doctor was under the influence of alcohol or drugs, they will likely be found guilty of medical malpractice.
4. Medical Product Liability
Medical product liability is a common reason patients sue for medical malpractice. If the item was designed poorly, had a defect during manufacturing, or is not properly marketed, it can cause damage and injury.
If this is the case, you can usually sue the company that made the product, but you may also be able to sue your doctor. This is because your doctor is involved in the chain of distribution. Even though they didn't design the product, they may be found liable too.
Others who may be included in your lawsuit include the testing lab, the medical sales rep, the hospital, and the retail supplier. It's always better to go after everyone you can to ensure you get the total amount you deserve.
Everyone makes mistakes, but if your doctor committed malpractice, you have a right to financial compensation to set things right again. Even if your doctor wasn't malicious, you may still have a case. For more information, contact us at Borbi, Clancy & Patrizi today.