Patients trust their doctors to relieve them from their medical conditions and extend quality healthcare to all. Every healthcare professional is expected to practice the four pillars of medical ethics, which include beneficence (doing good), non-maleficence (no harm), autonomy (patients’ right to choose the treatment they receive), and justice (ensuring fairness for all).

The law considers a breach of any of the four pillars of medical ethics the doctor’s negligence of duty. If an injury or damage occurs in the aftermath of such failure, medical malpractice litigation can ensue. Continue reading this article to learn everything you need to know about such medical litigations.

Understanding Medical Malpractice

Medical malpractice involves actions, including negligence, that are not aligned with the standard quality of medical practices and lead to injury or harm to the patient. Medical malpractice is dealt with by a subset of the tort law associated with professional negligence. A tort is a civil wrongdoing against a contractual obligation that attracts a judicial intervention to compensate the victim. 

Every patient has a right to informed consent and the best medical care a doctor can provide them. The doctor must educate the patient about their condition and list all possible treatments and alternatives, explaining the process and all their risks and benefits. The patient’s right to choose the treatment they receive is protected by healthcare litigation.

A doctor is expected to use their knowledge and skill most appropriately with their patient’s best interest in mind; that is the doctor’s duty. Any careless, discriminatory, negligent, or misinformed behavior is considered a breach of this duty. Consequently, the four elements that must be proven in a medical malpractice case are the duty, breach, causation, and the harm resulting from it.

Common Medical Malpractice Cases

Common claims of the pervasive events of medical malpractice include:

1. Injuries During Childbirth

Negligent behavior by doctors while assisting with childbirth can put both the mother and child at high risk. If you or your family is dealing with the effects of a birth injury, it is crucial to get adequate legal representation from attorneys like Garland, Samuel & Loeb. Birth injuries that result from the doctor failing to monitor the mother and baby’s vital signs, failing to order a C-section in case of complications, or their improper handling of forceps and other instruments can include:

• Shoulder dystocia
• Brain damage
• Cerebral palsy
• Erb’s palsy
• Bell’s palsy
• Spinal cord injuries
• Hypoxia
• Death

1. Surgical Errors

Surgical errors are a common medical malpractice occurrence that often results in complicated and severe consequences. They can occur due to incorrect use of instruments, inadequate sterilization, poor surgical skills, use of wrong techniques, and even insufficient pre-op and post-op care. Other cases that can warrant litigation include:

• Anesthesia errors
• Performing surgery on the wrong body part or the wrong patient
• Failure to prevent infection
• Causing damage to nerves or other organs while operating
• Leaving instruments inside the patient
• Failure to identify and stop internal bleeding on time
• Failure to monitor vital signs during surgery

1. Misdiagnosis or Delayed Diagnosis

Delayed diagnosis is when a doctor fails to diagnose a patient on time, allowing the patient’s health to deteriorate. This kind of negligence can cause the condition to become more complicated and challenging to treat or even untreatable in the advanced case. The consequences are especially severe in the case of delayed diagnoses of cancer and tumors.

On the other hand, misdiagnoses usually occur when the symptoms of two conditions overlap, and the doctor makes an incorrect diagnosis of the illness without taking further steps to confirm the condition. Examples include diagnosing a patient for the common flu when they have Lyme disease or misdiagnosing conditions like coeliac disease, stroke, thyroid disorders, heart attack, or pulmonary embolism. This can lead to the patient receiving inadequate or wrong treatment and medications. In some cases, the drugs may even be contraindicated for the patient’s condition, resulting in severe health consequences.

The Legal Process in Medical Malpractice Cases

The legal process in medical malpractice cases is quite complex and can take a significant amount of time. It involves a detailed investigation, the involvement of expert witnesses, and strict adherence to legal protocols. You must first consult a legal practitioner who will outline your possible claims and legal options. The attorney will conduct a pre-filing investigation of the case, confirming the occurrence and extent of the medical negligence by consulting medical professionals.

Your legal representative will then draft and file a complaint in court outlining the doctor’s duty, their failure, and the allegations against them and submit evidence of the damages suffered by the patient. Based on how the trial goes and any further appeals, the situation might be settled by compensating the affected party, dismissing the case, or other measures decided upon per the legal system.

Endnote

Navigating the legal journey in medical malpractice cases is a complex process of seeking advice from a lawyer, conducting pre-filing inquiries, submitting a formal complaint, collecting evidence, and potentially undergoing a trial. However, it is imperative to advocate for a fair and equitable legal system that guarantees responsibility within the healthcare sector and safeguarding patients’ rights.