What is Medical Malpractice?

When you visit a healthcare professional, you trust them to provide the best possible care. But sometimes, things go wrong. Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm, injury, or even death to a patient.

It’s important to understand that medical malpractice isn’t just about being dissatisfied with the outcome of treatment; it’s about negligence or errors that lead to real harm.

At Cohen Medical Consulting, we understand how devastating it can be when something goes wrong during medical care. That’s why we’re here to help you navigate the process of identifying and addressing medical malpractice claims. Below, we’ll walk through some of the most common types of medical malpractice claims that patients might face.

Most Common Malpractice Claims

There are several different types of errors that could lead to medical malpractice claims. From missed diagnoses to poor aftercare, here are some of the most common issues that we see in the field.

Birth-Injury Medical Negligence Claim

One of the most heartbreaking types of medical malpractice is related to birth injuries. These claims can arise if the medical team fails to take proper precautions during labor and delivery, leading to injuries that can affect both the baby and the mother. Common issues include:

1. Failure to monitor fetal distress: When a baby shows signs of distress, immediate action is often necessary to prevent further harm.
2. Incorrect use of delivery instruments: Forceps or vacuum devices must be used correctly to avoid injury during delivery.
3. Failure to perform a timely C-section: If a C-section is required due to complications, delays can lead to serious injuries.

In cases like these, the consequences can be lifelong, affecting the health and well-being of both the child and the mother. Legal action can help ensure that those responsible are held accountable.

Diagnostic Failures Medical Negligence Claim

Misdiagnosis or delayed diagnosis is another common reason for malpractice claims. Healthcare providers are expected to accurately diagnose conditions and diseases. When they fail to do so, it can lead to a delay in necessary treatment, which may worsen the patient’s condition.

Some examples of diagnostic failure include:

1. Misreading test results: If a doctor overlooks or misinterprets lab results, it can delay treatment for conditions like cancer, infections, or heart disease.
2. Failure to diagnose a condition: When a doctor doesn’t consider or order tests for conditions a patient may be at risk for, it can lead to unnecessary suffering.
3. Wrong diagnosis: Sometimes, a healthcare provider may incorrectly diagnose a condition and administer the wrong treatment, making things worse for the patient.

If a healthcare professional fails to diagnose a condition correctly or on time, and this results in harm, it may be grounds for a malpractice claim.

Treatment Failures Medical Negligence Claim

Once a diagnosis is made, it’s crucial that appropriate treatment is provided. When healthcare providers fail to follow the best course of treatment, it can lead to serious consequences. This includes:

1. Failure to administer the correct treatment: For example, prescribing the wrong medication or not offering the necessary interventions for a condition.
2. Incorrect dosages: Administering the wrong dose of medication or using the wrong type of treatment can exacerbate the patient’s condition.
3. Failure to monitor treatment outcomes: Even after treatment is prescribed, continuous monitoring is essential to track the patient’s progress. If this is neglected, it could lead to unnecessary complications.

Treatment failure claims often involve cases where a healthcare provider made an error in judgment or didn’t provide the standard care that could have improved the patient’s health.

Surgery (Unnecessary and Negligent) Claim

Surgical errors are another major category of medical malpractice. While surgery is often necessary and life-saving, mistakes during the procedure can lead to severe consequences. Surgical errors may include:

1. Performing unnecessary surgery: In some cases, patients may be subjected to surgeries that weren’t actually required, potentially causing unnecessary harm and complications.
2. Negligence during surgery: This can include leaving surgical instruments or gauze inside the patient, operating on the wrong body part, or cutting the wrong tissue.
3. Infection or other complications: If the surgical team fails to follow proper hygiene protocols, it can lead to infections that harm the patient.

Surgical errors can result in permanent damage, significant medical expenses, and even death. If negligence played a role in an injury during surgery, the patient has the right to pursue a malpractice claim.

Poor Aftercare and Follow-Up Negligence Claim

After a procedure or treatment, it’s crucial that patients receive proper aftercare. If healthcare providers fail to follow up on the progress of their patients, complications can arise. This type of malpractice can include:

1. Failure to monitor recovery: After surgery or treatment, patients need careful monitoring to ensure they’re healing properly.
2. Failure to provide appropriate follow-up care: If follow-up appointments are missed or postponed, issues may go undetected.
3. Inadequate instructions or support: Aftercare also involves providing patients with the right instructions on how to care for themselves after treatment. A lack of guidance can cause issues such as infection or improper healing.

If aftercare is neglected, patients can suffer from unnecessary complications or prolonged recovery times, sometimes leading to long-term damage.

Premature Discharges Claim

Discharging a patient too early is another type of medical malpractice that can cause harm. While it’s important for healthcare professionals to ensure that patients are discharged once they are stable, discharging a patient too soon can lead to serious issues. Some reasons for premature discharge include:

1. Insufficient assessment: The healthcare team may fail to assess whether the patient is truly ready to go home.
2. Pressure to free up space: In some cases, hospitals may discharge patients prematurely due to space constraints or financial pressures.
3. Failure to provide adequate instructions: Discharging a patient too soon without clear instructions or follow-up care can lead to complications once the patient is at home.

If a patient’s condition worsens due to premature discharge, it could result in a claim of medical negligence.

Improper Medication Dosage Claim

Medication errors are another significant cause of medical malpractice. Healthcare providers are responsible for prescribing the right medication in the right dose. If they fail to do so, patients can experience serious harm. These errors may include:

1. Prescribing the wrong drug: A healthcare provider may give a patient the wrong medication, which could be harmful or even deadly.
2. Incorrect dosage: Even if the right medication is prescribed, an incorrect dosage can lead to dangerous side effects or failure to treat the condition.
3. Failure to consider drug interactions: Some medications can interact negatively with others, and if a healthcare provider fails to account for this, it can lead to severe consequences.

Medication errors can cause anything from mild side effects to life-threatening reactions. If a healthcare provider makes an error in medication prescription or administration, patients may have grounds for a malpractice claim.