Medical errors result in 250,000 deaths every year, making them the third leading cause of death in the country behind heart disease and cancer, according to a 2016 study published by researchers from Johns Hopkins Hospital. Additionally, many of these errors are unreported. The Civil Justice Resource Group reports that only one in four medical errors is reported in medical records. The Institute for Hospital Improvement reports that 21% of patients reported experiencing a medical error. All of these statistics indicate that medical malpractice is serious and far too common. If you suspect medical malpractice, it is important that you learn more about what this term means and that you consult with an experienced medical malpractice lawyer.
What Makes a Viable Medical Malpractice Claim?
Medical malpractice occurs when a healthcare provider harms a patient through negligence. Mistakes in a patient’s diagnosis, treatment, health management or post-operative care can result in serious injuries and life-altering effects. A viable medical malpractice claim meets the following criteria:
A Violation of the Standard of Care
For a situation to rise to the level of medical malpractice, it must be a violation of the standard of care. The standard of care is the level and type of care that is reasonably expected by a healthcare provider in the same specialty and geographic region.
Causes an Injury through Negligence
The patient must be able to show that his or her injury was caused by the healthcare’s negligence and not some other cause. The test is that the patient would not have suffered an injury but for the healthcare provider’s negligence.
The Patient Suffers Damages
Even if a healthcare provider made a mistake, the claim is not compensable unless the plaintiff suffers damages. In most medical malpractice cases, a healthcare provider’s negligence results in serious injuries. The patient may suffer damages such as additional medical expenses, lost wages, disability and/or pain and suffering.
Common Types of Medical Malpractice
There are many ways that a healthcare provider can commit medical malpractice. Some of the most common examples of medical malpractice include:
- Delaying a diagnosis of a condition
- Misdiagnosing a patient with another condition
- Providing unnecessary surgery or other medical treatment
- Conducting surgery on the wrong patient or on the wrong body part
- Making an error during surgery
- Making a mistake during pregnancy or childbirth
- Providing negligent instructions or treatment after surgery
- Making medication mistakes or failing to review current medications before prescribing new ones
Steps to Take if You Have Suffered Medical Malpractice
Injured patients who suspect they have been harmed by medical malpractice should take steps to protect their rights, including the following:
1. Find a New Doctor
Medical malpractice often results in serious consequences to a patient’s health. Your health is the main priority in this type of case. Immediately look for a replacement doctor who can correct the harm caused by your former physician.
2. Obtain Your Medical Records
Your medical records will be an important part of your case. Gather all of the medical records that you can before filing a medical malpractice claim. Look for documents, photographs, surgical videos, bills and other documents that establish your damages.
3. Keep Detailed Records
It may take significant time before your case goes to trial, if at all. Therefore, it is important to keep contemporaneous records. Take pictures of any physical injuries you have. Take pictures as your injuries heal, also. Keep a pain journal that describes your pain and suffering and how the injury has affected your life on a daily basis.
4. Watch Your Actions
When litigation is possible, there are certain actions that you should avoid. First, you should not make contact with the responsible party. You may say something that can later be used to harm your case. You should not accept any fault for the harm that was caused. Any statements to this effect can be used against you. Avoid posting anything on social media that could possibly be used against you. Although your family and friends might be worried about, resist the urge to insist that you are “fine” or in downplaying your injuries. The defendant or his or her lawyer may try to troll through your social media to try to find smiling pictures of you, comments about your injuries, discussion with your lawyer or other information.
5. Contact an Experienced Medical Malpractice Attorney
Medical malpractice cases are extremely complex, so it is important that you have an experienced medical malpractice attorney on your side. There is a limited amount of time to file your claim and you will likely need to retain a medical expert who can establish that your case has merit, so do not delay in completing this step. A medical malpractice attorney can help you with your claim and explain your options to you.
