Medical malpractice is a tremendously serious issue in the medical system all over the world. Unfortunately, researchers suggest that almost 10 percent of the deaths of the patients occur due to medical negligence annually. This means that patients who could have had chances to live despite their health problems were killed due to the mistakes of the doctors who were treating them. Moreover, even more often, medical malpractice results in numerous non-fatal injuries which change the life of the patients forever. We put great trust in doctors and other medical professionals to help us treat our health issues. However, even doctors make mistakes that sometimes are paid with the lives of the patients.
Common medical errors that may lead to malpractice
According to NoWin No Fee personal injury solicitors, most of the medical negligence cases occur as results of the following medical errors. Misdiagnosis or delayed diagnosis is one of the most common medical mistakes which lead to adverse effects on the health of the patients. Sometimes, medical professionals find it too difficult to determine what is causing illness or pain. Therefore, they fail to give the right treatment to their patients which not only does not improve their health condition but could make it significantly worse. Anesthesia errors occur when doctors are performing surgery. Too little or too much anesthesia can lead to a malpractice lawsuit. Having too small anesthesia can be the cause of waking up in the middle of the surgery without being able to tell the doctor which can significantly affect one’s mental health. On the other hand, too much anesthesia can result in long-term harm and even the death of the patient.
The delicacy of the procedures of surgeries often leads to standard errors. Some medical errors occur due to extreme situations when the medical professionals leave an instrument or a tool inside of the body of a patient or operate on the wrong part of the body. Surgery errors are hazardous and can lead to the death of the patient or non-fatal yet tremendous injuries. Childbirth injuries as well, as improper prenatal care, are also common medical malpractice which leads to legal lawsuits. Many birth complications are difficult to be anticipated by doctors. Therefore, the failure to anticipate problems leads to inappropriate use of methods of tools that cause permanent health issues to the child or the mother.
How to determine a victim of medical malpractice?
Often doctors who have made a medical error which has led to the death or injury of the patient try to hide their fault to avoid a legal lawsuit. The unfortunate outcome of the medical treatment which has led to the appearance of a malpractice claim would imply for the medical institution or the medical professional to pay compensation to the victim. Also, it can lead to a bad reputation of the institution or the doctor among other patients. Therefore, health-care providers rarely accept with complete honesty their mistakes. Although a quick and honest apology might prevent a future malpractice claim or provide a settlement without the need for a lawsuit, doctors rarely admit their fault unless the medical claim has favorable results for the injured patient or their survivors.
It is indeed difficult to determine whether the adverse outcome of the treatment has resulted due to the medical errors of the health-care professionals or due to a wrong previous health-care provider or low surgery success chance. Consequently, malpractice attorneys pursue a case of medical negligence only if the case is well documented in the records and has relevant expertise of a medical specialist to justify it. There are main signs of a valid argument which has legal legitimacy to become successful, and need a documented and proven doctor-patient relationship and evidence of the particular action which has resulted in harm.
Things to do when you suspect a medical malpractice
Becoming the victim of medical malpractice is a horrible experience which can threaten your life and significantly affect your health. Because medical negligence occurs often, it is possible for every patient to become the victim of it regardless of the severity of the medical problem or needed treatment. Therefore, it is always better to be informed about the steps which need to be made when you suspect that you are a victim of a medical error.
First of all, the health of the victim is the top priority in such cases. It is important to find another doctor who can give you the right diagnosis and treatment for your health condition. Treatment to undo the damage of the previous doctor might also be required. So, make sure you focus on finding someone capable to offer you the appropriate treatment for your condition. Secondly, requesting copies of your medical records is a must. These records will be vital in your malpractice case as they will be the evidence for the symptoms which you were experiencing, your medical history, the tests which have been performed by the doctor, and the treatment which has been prescribed to you according to the results. Without the copies of your medical records, you will not be able to ask for the opinion of an expert to justify whether the previous doctor has performed their duty of care well or not.
Medical malpractice cases are incredibly complex, so you need to consider contacting an experienced malpractice attorney. A personal injury attorney will provide you legal advice and support during your malpractice case. You need to talk openly and offer the attorney a detailed explanation of what happened to mention even the details that might seem insignificant to you. Those details can play a huge role in how well your case will be documented and become vital for your example to win.
Being the victim of a medical error is a tremendous experience. The relationship between the doctor and the patient should be one that is built on trust. However, when doctors fail us and make errors, the grounds for medical malpractice lawsuit are in place.