Misdiagnosis is an incorrect or lack of diagnosis, effectively preventing the patient from seeking appropriate treatment. Additionally, a misdiagnosis may cause a patient to pursue unnecessary treatment. Because diagnosing many conditions is difficult, misdiagnosis is considered what another doctor would not have done or reasonably assumed.
Delayed diagnosis, like misdiagnosis, must be to an unreasonable extent to qualify as malpractice. The doctor must have assessed the patient less competently than another doctor would. A diagnosis delay can affect the course of treatment, but the patient does eventually receive the correct diagnosis.
Failure to Treat03
Failure to treat is when a doctor neglects to recommend adequate treatment, despite correct diagnosis. These situations tend to arise when doctors are overworked or careless, thus breaching the basic standard of care. Offering no follow-up care or failing to refer a specialist are most common.
Many patients incorrectly believe that their written consent form acknowledging the risks of surgery allows for doctoral mistakes. However, they do not cover negligence. Forms of surgical negligence include incorrect procedure, unnecessary surgery, damage to surrounding tissue, wrong anesthesia amount, using non-sterile instruments, and leaving equipment inside the patient.
Birth injuries are incredibly traumatic, and may cause death of the baby, mother, or both. While childbirth itself is when most injuries happen, doctoral negligence during prenatal care is included. This type of malpractice often results in fully preventable injuries that require lifelong medical care.
Medical Product Liability06
When medical devices malfunction, they result in unnecessary suffering, worsening of a medical condition, or injuries, fatal or otherwise. If the manufacturer knew or should have known their product would cause harm, they are liable to the victims.
How do I know if I have a Malpractice case?
Medical malpractice is more than just a bad outcome. There’s only a case if solely the provider’s negligence causes injury or damages to a patient. Even with a case, it is often not worth pursuing minor malpractice incidents because of their cost.
What is a Standard of Care?
Standard of Care refers to the degree of supervision and responsibility a doctor or other healthcare employee is expected to provide to a patient. It includes what most if not all medical providers would have done under the same or similar circumstances. Breaching the Standard of Care is the defining factor in determining malpractice.
What information does my attorney need?
Medical malpractice cases are stressful, time-consuming, and usually expensive. To pursue one, you must be diligent in your documentation. Often, courts need to see documented injuries, all pertinent medical records, and interviews with the patient, their family members, and their friends.
What damages can I receive in a Medical Malpractice case?
If proven, medical malpractice settlements include compensation for general damages, which includes cost of suffering, loss of enjoyment of life, physical and mental suffering, and loss of future earning capacity. Special damages will also be awarded for quantifiable expenses. Some malpractice cases include punitive damages, where compensation is awarded solely to punish the doctor.