The Most Common Medical Malpractice Claims

Introduction

Impact of medical malpractice cases

Medical malpractice cases – a phrase that can strike fear into the hearts of both patients and healthcare professionals alike. As a legal conundrum that has far-reaching consequences, medical malpractice is not an issue to be taken lightly. In the United States alone, it’s estimated that medical errors account for over 250,000 deaths per year, making it the third leading cause of death.

Most common medical malpractice claims

Understanding the most common medical malpractice claims is crucial for several reasons. For patients, being aware of the potential pitfalls in healthcare can empower them to be proactive in their care, ask the right questions, and seek appropriate medical advice. For healthcare professionals, comprehending these claims can help them identify areas where they need to improve or be more vigilant, ultimately leading to better patient care and reduced risk of litigation.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis occurs when a healthcare professional incorrectly identifies a patient’s condition, mistaking it for another ailment. Delayed diagnosis, on the other hand, transpires when a healthcare professional fails to identify a patient’s condition in a timely manner, which can lead to delayed treatment or intervention.

Consequences of misdiagnosis or delayed diagnosis

Misdiagnosis and delayed diagnosis can have severe consequences for patients. Some of the possible repercussions include:

• Worsening of the actual condition due to lack of proper treatment
• Unnecessary treatment for a condition the patient does not have
• Adverse side effects from incorrect or unnecessary treatments
• Psychological distress due to uncertainty or mismanagement of the condition
• Increased healthcare costs from additional tests or treatments

Common medical conditions often misdiagnosed or subject to delayed diagnosis

Some common medical conditions that are prone to misdiagnosis or delayed diagnosis include:

• Cancer, particularly breast, lung, and colorectal cancers
• Heart attack, often mistaken for indigestion or anxiety
• Stroke, sometimes confused with a migraine or vertigo
• Lyme disease, which can present with a wide range of symptoms, leading to misdiagnosis
• Celiac disease, often misdiagnosed as irritable bowel syndrome (IBS)

Prescription Drug Errors

Prescription drug errors refer to mistakes made by healthcare professionals in prescribing, dispensing, or administering medications to patients. These errors can occur at any stage of the medication process, from the initial prescription to the final administration of the drug.

Common types of prescription drug errors

There are various types of prescription drug errors, including:

• Wrong medication: Prescribing or dispensing a medication different from the one intended
• Incorrect dosage: Prescribing or dispensing an incorrect dose of the medication
• Drug interactions: Failing to identify and prevent potentially harmful interactions between different medications
• Wrong route of administration: Administering a medication via an incorrect route, such as oral instead of intravenous
• Wrong patient: Prescribing or administering medication meant for another patient
• Miscommunication: Errors resulting from illegible handwriting, unclear instructions, or misunderstandings between healthcare professionals

Dangers of prescription drug errors

Prescription drug errors can pose serious risks to patients, such as:

• Adverse drug reactions, which may cause severe or life-threatening symptoms
• Worsening of the patient’s condition due to improper treatment
• Prolonged illness or recovery time as a result of delayed or incorrect treatment
• Overdose or toxicity from excessive doses of medication
• Development of drug resistance due to incorrect use of antibiotics or other medications

Surgical or Procedural Errors

Surgical or procedural errors refer to mistakes made by healthcare professionals during a surgical procedure or medical treatment. These errors can range from minor incidents with little to no impact on the patient’s outcome to severe cases that may result in life-altering complications or even death.

Common types of surgical or procedural errors

Some common types of surgical or procedural errors include:

• Wrong-site surgery: Performing surgery on the incorrect body part or the wrong side of the body
• Instrument retention: Leaving surgical instruments, sponges, or other foreign objects inside a patient’s body after surgery
• Anesthesia errors: Administering incorrect amounts of anesthesia or failing to monitor the patient’s vital signs properly, leading to adverse reactions or complications
• Nerve damage: Accidentally causing damage to nerves during surgery, which may result in chronic pain or loss of function
• Infection: Failing to maintain proper sterilization techniques, leading to postoperative infections

Consequences of surgical or procedural errors

Surgical or procedural errors can lead to a variety of risks and consequences for patients, such as:

• Prolonged pain and suffering due to complications or additional surgeries
• Permanent disability or loss of function as a result of nerve damage or other injuries
• Increased risk of infection or other postoperative complications
• Extended hospital stays and additional medical expenses
• Emotional distress and anxiety resulting from the ordeal
• Loss of trust in healthcare professionals and the medical system as a whole

In some cases, surgical or procedural errors can even lead to the patient’s death, making it crucial for healthcare professionals to take all necessary precautions to prevent such errors from occurring.

Childbirth Injuries

Childbirth injuries refer to any physical harm sustained by a mother or baby during the process of labor and delivery. These injuries can result from complications during pregnancy, errors by healthcare professionals, or a combination of factors.

Common types of childbirth injuries

Some of the most common types of childbirth injuries include:

• Birth asphyxia: A lack of oxygen during labor and delivery, which can cause brain damage or other complications in the newborn
• Brachial plexus injury: Damage to the bundle of nerves that control the arm’s movement, often resulting from excessive force or improper handling during delivery
• Cerebral palsy: A neurological disorder caused by brain damage before, during, or shortly after birth, affecting movement, coordination, and muscle tone
• Fractures: Broken bones, such as the collarbone or skull, that can occur during a difficult delivery
• Perinatal hypoxia: A condition where the baby does not receive enough oxygen before, during, or after delivery, potentially leading to long-term complications or death

Effects of childbirth injuries

Childbirth injuries can have a profound impact on children and their families, with effects ranging from short-term physical pain and emotional distress to lifelong disabilities and care needs. Some potential consequences include:

• Short-term effects:
  • Pain and discomfort for the newborn and mother
  • Additional medical treatments or interventions for the infant
  • Emotional distress for the family, including feelings of guilt or anger

• Long-term effects:
  • Lifelong disabilities or special needs, requiring ongoing care and support
  • Financial strain from medical expenses, therapy, and other care-related costs
  • Emotional challenges, such as coping with a child’s limitations or managing feelings of grief or disappointment
  • Strain on family relationships, as members may struggle to adapt to the new situation or provide the necessary care

It’s crucial for healthcare professionals to be vigilant during labor and delivery to minimize the risk of childbirth injuries and their devastating effects on families.

Failure to Treat

Failure to treat refers to a situation in which a healthcare professional does not provide the appropriate care, treatment, or intervention for a patient’s condition. This may involve neglecting to address a diagnosed medical issue or not following the standard of care for a specific ailment.

Difference between failure to treat and misdiagnosis or delayed diagnosis

While both failure to treat and misdiagnosis or delayed diagnosis involve errors in patient care, they differ in the stage at which the mistake occurs:

• Misdiagnosis or delayed diagnosis: These errors occur when a healthcare professional inaccurately identifies a patient’s condition or fails to diagnose it in a timely manner. In these cases, the error is in the diagnostic process itself, which can lead to improper or delayed treatment.
• Failure to treat: This error occurs when a healthcare professional has correctly identified a patient’s condition but fails to provide the appropriate care or treatment. The error is in the treatment phase, not the diagnosis.

Examples of situations in which failure to treat may occur

Failure to treat can occur in various situations, such as:

• Ignoring or dismissing symptoms: A healthcare professional may not take a patient’s symptoms seriously, leading to a lack of proper treatment and potential worsening of the condition.
• Failing to refer to a specialist: In some cases, a general practitioner may not recognize the need for specialized care and neglect to refer a patient to a specialist who can provide appropriate treatment.
• Not following established guidelines: A healthcare professional may not follow the standard of care for a specific condition, such as failing to administer necessary medications or neglecting to perform required tests or procedures.
• Discharging a patient too early: A patient may be discharged from the hospital before they have fully recovered or received adequate care, leading to complications or a need for readmission.
• Failing to monitor a patient’s condition: A healthcare professional may not properly monitor a patient’s progress or response to treatment, resulting in inadequate adjustments to their care plan or failure to address complications that arise.

Establishing Patient and Doctor Relationship

Establishing a patient-doctor relationship is a critical component of medical malpractice cases because it serves as the basis for determining whether a healthcare professional had a legal duty of care to the patient. Without a patient-doctor relationship, a medical professional cannot be held legally responsible for any alleged negligence or malpractice, as they are not considered to have owed the patient any professional duty.

Proving a patient-doctor relationship existed

To prove that a patient-doctor relationship existed, the following elements must typically be established:

• Mutual agreement: There must be evidence that both the patient and the healthcare professional agreed to the establishment of a patient-doctor relationship. This agreement can be explicit, such as through a signed document or verbal confirmation, or it can be implied through the actions of both parties.
• Provision of care: The healthcare professional must have provided some form of care, treatment, or advice to the patient. This care must have been directly related to the patient’s medical condition or concerns.
• Reliance on the healthcare professional: The patient must have relied on the healthcare professional’s expertise and guidance in addressing their medical issues. This reliance can be demonstrated through actions such as following treatment recommendations or seeking ongoing care.

Challenges and potential defenses

There are several challenges and potential defenses that may arise when attempting to establish a patient-doctor relationship in medical malpractice claims:

• Lack of documentation: If there is no written record of the patient-doctor relationship, such as medical records or a signed agreement, it can be more difficult to prove that a relationship existed.
• Casual encounters or informal advice: If the alleged malpractice occurred during a casual encounter or as a result of informal advice given outside of a professional setting, the defendant may argue that no patient-doctor relationship was established.
• Multiple healthcare professionals: In cases where multiple healthcare professionals are involved in a patient’s care, it may be challenging to determine which professional(s) had a patient-doctor relationship and whether they are responsible for any alleged negligence or malpractice.
• Consultation vs. treatment: A healthcare professional may argue that they were only providing a consultation or second opinion, rather than actively treating the patient, and thus no patient-doctor relationship was established.

These challenges can be overcome with thorough documentation, witness testimony, and expert opinions to support the existence of a patient-doctor relationship and demonstrate the healthcare professional’s duty of care.

Legal process for pursuing a medical malpractice case

To pursue medical malpractice case, a plaintiff must establish the following legal elements:

1. Patient-Doctor Relationship: The plaintiff must show that a patient-doctor relationship existed, which establishes the healthcare professional’s duty to provide care.
2. Negligence: The plaintiff must demonstrate that the healthcare professional was negligent in their diagnosis from the standard of care expected from a reasonably competent professional in the same field.
3. Causation: The plaintiff must prove a direct link between the healthcare professional’s negligence and the harm suffered, demonstrating that it led to the patient’s injury or worsened condition.
4. Damages: Lastly, the plaintiff must establish that they suffered harm as a result of the healthcare professional’s negligence, such as physical pain, emotional distress, additional medical expenses, or lost wages.

Conclusion

Most common medical malpractice claims

In this article, we have discussed the most common medical malpractice claims, which include:

• Misdiagnosis or delayed diagnosis
• Prescription drug errors
• Surgical or procedural errors
• Childbirth injuries
• Failure to treat
• Establishing patient and doctor relationship

Claims for patients and healthcare professionals

It is crucial for both patients and healthcare professionals to be aware of these common medical malpractice claims. This awareness can help patients recognize when they may have experienced negligent care and empower them to advocate for their rights. For healthcare professionals, understanding these claims can lead to improved practices, better patient outcomes, and reduced risks of litigation.

Find legal professionals in Fulton County for guidance on medical malpractice cases

If you believe you or a loved one has been a victim of medical malpractice, it’s essential to consult a qualified legal professional experienced in handling such cases. In Fulton County, Georgia (in Atlanta, Georgia and surrounding cities), numerous attorneys and law firms specialize in medical malpractice claims and can provide the guidance and representation necessary to navigate this complex legal process. Don’t hesitate to reach out for assistance in seeking justice and ensuring that your rights are protected.