Have You Been a Victim of Hospital Negligence
If it can be shown that a doctor-patient relationship existed, that the doctor was negligent in some way, that the negligence led to an injury that resulted in specific damages, the grounds for a medical malpractice lawsuit are in place. Medical errors are surprisingly common, and, sadly, they often repeat themselves. Read on to learn about six of the most common medical errors that may provide cause for medical malpractice lawsuits.
1) Misdiagnosis or Delayed Diagnosis
Sometimes it can be difficult to determine what is causing your illness or pain. These difficulties or a simple lack of attentiveness can lead to a misdiagnosis. If this occurs, you could end up with no treatment or treatment that will not help your condition (and may even harm you). A delayed diagnosis can also significantly affect your health and well-being in some situations.
2) Medication Errors
Medication-related errors affect an estimated 1.5 million people in the United States each year. These errors can be the result of a doctor error or an error committed by the pharmacy. It may also be related to a misdiagnosis situation as well.
3) Anesthesia Errors
You may have heard horror stories about patients who are awake during their surgery but are unable to tell the doctor. These situations of too little anesthesia can lead to a medical malpractice lawsuit. Having too much anesthesia can also result in serious long-term harm and even death.
4) Surgery Errors
Surgery errors are extremely common because of the delicate nature of the procedure. Outrageous situations can also occur—including leaving tools or instruments inside a patient or operating on the wrong body part. Surgery errors end up accounting for roughly one-third of all medical malpractice claims.
5) Childbirth Injuries
The birth of a child is a wonderful and sometimes complicated event, and doctors have to be careful not to harm the child during the birthing process. Many birth complications can be anticipated by a competent physician and should be addressed before the birth. Failure to anticipate problems that an otherwise competent physician should have addressed could spark a medical malpractice lawsuit. In addition, inappropriate use of methods or tools can also cause permanent damage to the child.
6) Improper Prenatal Care
Proper care while the baby is developing is essential for a happy, healthy mother and child. Improper prenatal care can cause long-term problems for both the mother and child, and may even result in the death of the baby.
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Do's & Don'ts of Proving Your Case
Here are the things to do, and NOT to do, in order to prove your claims that the treatment you received was inadequate or negligent.
Do Document Everything
Keeping careful records of the medical error incident is key. Pictures, pictures, pictures. A picture is worth a trillion words. Record names if you think something has gone wrong. Record your impression of what is going on.</p> <p>Extensive photographic evidence goes far in improving the chances of a case, whereas a case that relies solely on clinical language of medical records has a harder time swaying the jury. An accurate timeline of events and treatment is also very helpful for patients to record.
Don’t Overshare
If you are thinking of pursuing a medical malpractice case, do not disclose this information to your medical professionals, unless prompted to by your lawyer. Also, be sure not to overshare details of your case to friends or on platforms such as Facebook or Twitter. A photo or statement posted on social media, even if intended to be shared privately, could end up damaging your claim, so be cautious.
Do Get Your Medical Records
While photographic evidence is one of the strongest forms of evidence a patient can bring to court, it is still important to hold on to documented medical instruction for post-treatment care, prescriptions, and any other medical records that could show negligence or a failure to provide proper instructions after a procedure. Be sure to obtain all medical records from your treatment. A hospital is legally required to keep all patients’ records for at least a few years after treatment.
Don’t Sign Any Waivers
When you pick up your medical records, be sure not to sign away your rights. Even if you are not to disclose your suspicions of malpractice with your medical professionals, there is still a risk of being ask to sign a waiver of a right to sue. Do not sign anything without consulting with your medical malpractice attorney.
Do Act Quickly
Contact an attorney as soon as you suspect something has gone wrong.
“People view medical professionals as unquestionable,” Dufour says. However, you should trust your instincts if something does not feel right. Medical professionals are people too, and even the best doctor could make a mistake that might cost someone dearly, so it is important not to second guess your decision to contact an attorney if you think something is wrong.
Expediency is especially important in the case of photographic evidence, as you want to record any instances of bodily harm as quickly as possible. Also, depending on the state you reside in, the statute of limitations could severely impact your timeline of pursuing a medical malpractice suit. Most states fall in statute of limitation range of one to three years, so time is of the essence for patients considering medical malpractice.
Listen To Our Client's Stories
Do's & Don'ts of Proving Your Case
Here are the things to do, and NOT to do, in order to prove your claims that the treatment you received was inadequate or negligent.
Do Document Everything
Keeping careful records of the medical error incident is key. Pictures, pictures, pictures. A picture is worth a trillion words. Record names if you think something has gone wrong. Record your impression of what is going on.</p> <p>Extensive photographic evidence goes far in improving the chances of a case, whereas a case that relies solely on clinical language of medical records has a harder time swaying the jury. An accurate timeline of events and treatment is also very helpful for patients to record.
Don’t Overshare
If you are thinking of pursuing a medical malpractice case, do not disclose this information to your medical professionals, unless prompted to by your lawyer. Also, be sure not to overshare details of your case to friends or on platforms such as Facebook or Twitter. A photo or statement posted on social media, even if intended to be shared privately, could end up damaging your claim, so be cautious.
Do Get Your Medical Records
While photographic evidence is one of the strongest forms of evidence a patient can bring to court, it is still important to hold on to documented medical instruction for post-treatment care, prescriptions, and any other medical records that could show negligence or a failure to provide proper instructions after a procedure. Be sure to obtain all medical records from your treatment. A hospital is legally required to keep all patients’ records for at least a few years after treatment.
Don’t Sign Any Waivers
When you pick up your medical records, be sure not to sign away your rights. Even if you are not to disclose your suspicions of malpractice with your medical professionals, there is still a risk of being ask to sign a waiver of a right to sue. Do not sign anything without consulting with your medical malpractice attorney.
Do Act Quickly
Contact an attorney as soon as you suspect something has gone wrong.
“People view medical professionals as unquestionable,” Dufour says. However, you should trust your instincts if something does not feel right. Medical professionals are people too, and even the best doctor could make a mistake that might cost someone dearly, so it is important not to second guess your decision to contact an attorney if you think something is wrong.
Expediency is especially important in the case of photographic evidence, as you want to record any instances of bodily harm as quickly as possible. Also, depending on the state you reside in, the statute of limitations could severely impact your timeline of pursuing a medical malpractice suit. Most states fall in statute of limitation range of one to three years, so time is of the essence for patients considering medical malpractice.
Listen To Our Client's Stories